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! UNITED STATES OF AMERICA. 




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Iowa and The Nation 



by 



GEO. CHANDLER, 

Superintendent of City Schools, 

OSAGE, IOWA. 




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A. FLANAGAN, PUBLISHER, 

CHICAGO. 



COPYKIGHT, 1895, BY GEO. CHANDLER. 



PREFACE. 



This book has been written to answer a demand for a 
single text on state and national government. The increas- 
ing interest shown in the study of civil government is proof 
that the people are thinking and studying about govern- 
mental affairs as never before. 

The statements of fact in some parts of the book are 
necessarily brief. To supplement the work in the study of 
Iowa government, constant reference should be made to 
the code, and also to the session laws of the general 
assembly. Many valuable public documents, for use in sup- 
plementary work, may be had, free of charge, by applying 
to the officers who have the care of the work upon which 
the information is desired. 

A knowledge of the facts of civil government will not 
in itself result in good citizenship. If, as is so often stated, 
the primary object of the public schools is to train for citizen- 
ship, the work is but poorly done that does not have for its 
foundation the formation of right habits of thought and 
action, the development of noble manhood and woman- 
hood. 

That this book may be as kindly received as its prede- 
cessor is the wish of 

The Author. 
Osage, Iowa, June 1, 1895. 



Contents, 



PART I. 



Chapter. Page. 

I. The Township 7 

II. " " Continued 12 

III. Education — School Funds 17 

IV. Township Officers 19 

V. Township Officers — Continued 24 

VI. Town and City Government 32 

VII. Cities 36 

VIII. County Government 39 

IX. " " Continued 50 

X. " " « 55 

XI. Constitution of Iowa Gl 

XII. State Government. 91 

XIII. Eight of Suffrage 100 

XIV. Distribution of Powers 106 

XV. Legislative Department 114 

XVI. Executive " ; . 122 

XVII. Other State Officers 127 

XVIII. Commissioners and Societies 138 

XIX. Judicial Department 145 

XX. " " Continued... 148 

XXI. Miscellaneous 152 

XXII. Amendments 157 

XXIII. History of Iowa 162 

XXIV. State Institutions 168 

XXV. District Government 179 



CONTKNTS, 



PART II. 



Chapter. Page. 

I. Forms of Government 183 

II. Origin of U. S. Government 188 

III. Constitution of the United States 194 

IV. Preamble 212 

V. The Legislative Branch 215 

VI. House of Representatives. 217 

VII. " " " Continued 223 

VIII. The Senate. 226 

IX. " Continued 230 

X. General Provisions 234 

XI. Law Making 241 

XII. Powers of Congress 245 

XIII. " " " Continued 250 

XIV. " " " " 255 

XV. " " " " 261 

XVI. " " " " 267 

XVII. Prohibitions 272 

XVIII. The Executive Branch 280 

XIX. " " " Continued 285 

XX. Powers of the President 295 

XXI. Duties of the President 303 

XXII. Judicial Branch 308 

XXIII. Jurisdiction of Courts 317 

XXIV. The Relations of the States 322 

XXV. Amendments to the Constitution 329 

XXVI. Amendments — Continued 335 

XXVII. Constitution — General Provisions 343 



CIVIL GOVERNMENT OK IOWA. 



CHAPTER I. 
THE TOWNSHIP. 



In Iowa, the term "township" is an important one, as it 
represents that division of the government which is nearest 
the people. It is in the township that ' ' a government of 
the people, by the people, and for the people" exists in its 
truest sense. It is here that the people meet at stated 
times to determine how their local government shall be 
carried on. 

Kinds of Townships. — There are three different 
kinds of townships in Iowa — congressional, civil, and dis- 
trict. The congressional township was provided for long- 
before Iowa was admitted into the Union, and it has served 
as the basis of nearly all the land surveys made in this 
country since our government was first organized in 1789. 
The congressional township is a tract of land six miles square, 
and it is divided into thirty-six square miles, or sections, 
each section containing six hundred and forty acres. Be- 



IOWA AND THE NATION. 



low is given a diagram of a congressional township, with 
the sections numbered as they occur in all such townships: 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Each section may be separated into parts, as shown in 
the following diagram, and each part easily described : 



SECTION. 



N. W. 


N. E 


i 


i 

4 


s. w. 


S. E. 


i 


i 



Each quarter section may also be divided according to 
a regular plan. 



IOWA AND THE NATION. 



SOUTH-EAST QUARTER OF SECTION 16. 



1 2 

4 3 



Number "1" is the north-west quarter of the south- 
east quarter of section 16, and contains forty acres. 

Number "2" is the west one-half of the north-east 
quarter of the south-east quarter of section 16, and con- 
tains twenty acres. 

Number "3" is the north one-half of the south-east 
quarter of the south-east quarter of section 16, and con- 
tains twenty acres. 

Number "4" is the north-east quarter of the south- 
west quarter of the south-east quarter of section 16, and 
contains ten acres. 

Land Titles. — It is important that our system of 
surveys be thoroughly understood, for all the descriptions 
of land given in deeds, mortgages, leases, tax-receipts, 
etc. , are based upon it. The first deeds to land in Iowa 
were given in the name of the United States, and the chain 
of title to any piece of land in the state can be traced back 
to these deeds, or patents, as they are called, and no 
farther. 



Principal Meridians. — Before commencing the sur- 



10 IOWA AND THE NATION. 

vey proper, it is necessary to establish two main lines, one 
extending north and south and the other east and west. 
These lines are purely arbitrary and they are located with- 
out special reference to any other lines of the same kind 
that may have been surveyed before. New lines are estab- 
lished whenever they are needed for convenience in making 
a survey. The lines extending north and south are called 
principal meridians, and those extending east and west are 
called base lines. The principal meridians are numbered 
westward and a separate base line is established for each. 

Survey in Iowa. — The fifth principal meridian forms 
the basis of the United States land survey in Iowa. It 
extends due north from the mouth of the Arkansas river, 
crosses Missouri and the eastern part of Iowa, and passes 
out of the state at a point between Clayton and Dubuque 
counties. The base line extends due west from the mouth of 
the St. Francis river in Arkansas, and crosses the principal 
meridian forty-eight miles north of its starting point. By 
surveying lines six miles apart parallel with the base line, 
and others the same distance apart parallel with the principal 
meridian, the land lying north and west of the point of 
intersection of the main lines is divided into blocks six 
miles square. Each of these blocks is called a congressional 
township. 

Townships and Ranges. — To locate land by this 
system of surveys, two sets of numbers are used, one 
designating the townships north of the base line, and the 
other the townships west of the fifth principal meridian. 
Land may also be surveyed south from the base line and 
east from the principal meridian. For convenience the 
tiers of townships east or west of the principal meridian 



IOWA AND THE NATION. 11 

are called ranges, and north or south, of the base line, 
townships. 

Land lying in the south-east corner square of this 
survey is in township one north, range one west of the 
fifth principal meridian. Every congressional township 
lying west of the one mentioned is township one north, 
and every township north of it is in range one west. The 
townships are numbered northward or southward from the 
base line, and the ranges eastward or westward from the 
principal meridian. The civil township of Wayne, in the 
north-eastern part of Mitchell county, is township one 
hundred north, range fifteen west of the fifth principal 
meridian. The pupil should become so familiar with this 
system of surveys that he can locate, by numbers, any land 
in the county in which he lives. 

Correction Lines. — Owing to the convergence of 
meridians in passing northward, it has been found necessary 
to establish secondary lines parallel with the base line. 
These are called correction lines, and there are four of them 
in Iowa. They are the northern and the southern bound- 
aries of the state and the northern boundaries of townships 
seventy-eight and eighty-eight north. 4 



12 IOWA AND THE NATION. 



CHAPTER II. 
THE TOWNSHIP— CONTINUED. 

Civil Townships. — The civil township is the unit or 
basis in local government. Every county is divided, into 
several civil townships, and each township is named. 
Township names were given by the early settlers, and often 
in honor of some prominent member of the first company 
of settlers that entered the township. Many counties in 
Iowa were settled about the time the Rebellion began, and 
in those counties such names as Lincoln, Douglas, Liberty, 
and Union are common. The boundaries of a civil town- 
ship may be the same as those of a congressional township, 
but very often a civil township is formed from parts of two 
or more congressional townships. The early settlers estab- 
lished the civil townships to suit their own convenience, 
and in some counties but few of the civil townships have 
the same boundaries aa the congressional townships. 

To the people of Iowa, the civil township is a very 
important division. Comparatively few state and county 
officers are needed, but there is hardly a county in the state 
that does not have at least four hundred officers whose 
duties are confined to the civil township. The greater part 
of all the money raised by taxation is expended in the 
township under the direction of its officers. 

District Township. — The district township is a 
division for school purposes and its boundaries must always 



IOWA AND THE NATION. 13 

be the same as those of some civil township. The public 
schools are free to all residents of the state between the 
ages of five and twenty-one years. Each district township 
is a school district, and the business connected with the 
management of its schools is done by a board of directors. 

Sub-districts. — Each district township is separated 
into as many sub -districts as may be necessary, and a 
member of the board of directors, called a sub-director, is 
chosen from each sub-district by its qualified voters. The 
sub-directors of a township are chosen on the first Monday 
in March of each year for a term of three years, one-third 
of the whole number, as nearly as possible, being chosen 
each year. 

Township Meeting". — On the second Monday in 
March, the qualified voters of the district township meet 
to transact business of a general nature connected with the 
management of the schools of the township. If it is 
necessary to build a new school-house in the township, the 
money must be raised by a tax voted at this meeting. If 
any school property is to be disposed of, the sale must be 
ordered at this meeting. 

Board of Directors. — On the third Monday in 
March, the sub-directors meet and organize as a board of 
directors by choosing one of their number president. They 
then proceed to the transaction of such business as may 
come before them. They allow all just claims against the 
district/ hire teachers, or delegate this power to the director 
in each sub-district subject to approval by the president of 
the board; estimate the amount of money to be raised for 
the support of schools and provide for building and re- 
pairing schoolhouses. 



14 IOWA AND THE NATION. 

Officers Of School Board. — The president presides 
at all meetings of the board and of the district township, 
signs all orders for the payment of money from the district 
treasury and all contracts made by the board. At the 
regular meeting of the board held on the third Monday in 
September of each year, a secretary and a treasurer are 
chosen for one year. The duties of these officers are such 
as their titles indicate. 

Independent Districts. — Cities, incorporated towns, 

and villages having not less than two hundred inhabitants 
may be organized as independent school districts. In dis- 
tricts of this kind having less than five hundred inhabitants, 
the board of directors consists of three members, one of 
whom is chosen on the second Monday in March of each 
year for a term of three years. In districts having a popu- 
lation of at least five hundred there are six directors, two 
being chosen each year for a term of three years. The 
secretary may, or may not, be a member of the board, but 
no director of an independent district can fill the office of 
treasurer. 

Rural Districts. — By the provisions of a former law 
rural independent districts were formed in district town- 
ships } each district having a board of three directors, one 
being chosen on the second Monday in March for a term of 
three years. In some instances each sub-district became 
independent, while in others a different plan for the division 
of the township was adopted. A district township may 
also be organized as an independent district, thus doing 
away with sub-districts. So far as practicable the law 
governing district townships applies to independent districts. 

School Funds. — The money for the support of schools 



IOWA AND THE NATION. 15, 

is kept in three separate funds in each district. These are 
known as the teachers' fund, which is used for the payment 
of teachers; the schoolhouse fund, used in building and 
repairing schoolhouses and purchasing school grounds; and 
the contingent fund, which is used in the purchase of 
supplies and the payment of the incidental expenses of the 
school. Nearly all of the rnouey needed for the support of 
any school is raised by a tax levied on the taxable property 
of the district in which the school is located. 

Teachers' Fund. — The teachers' fund is derived 
from the semi-annual apportionment which includes the 
interest on the permanent school fund of the state, fines 
and forfeitures of various kinds, and a county school tax 
of not less than one mill, nor more than three mills, on a 
dollar, which is levied by the board of supervisors on the 
taxable property of the county. The money paid by non- 
resident pupils as tuition for the privilege of attending 
school in a district in which they do not reside also forms 
a part of this fund. In addition to these sums, the directors 
of each district on the third Monday in March, or between 
that time and the third Monday in May of each year, vote 
to raise a tax for teachers' fund upon the property of their 
district, not to exceed fifteen dollars for each person of 
school age, except as provided for in the next paragraph. 

Contingent Fund. — The contingent fund is raised 
by taxation on the property of each school district, and is 
estimated by the board of directors at the time of estima- 
ting the teachers' fund. The amount raised for contingent 
expenses cannot exceed five dollars per pupil, except in 
thinly settled districts where that amount and fifteen dollars 
per pupil for teachers' fund is not sufficient to maintain the 



16 IOWA AND THE NATION. 

schools for six months of twenty clays each as required 
by law. Seventy-five dollars contingent fund and two 
hundred and seventy dollars teachers' fund, including 
the semi-annual apportionment, may be raised for the sup- 
port of each school in the state every year. 

Sehoolhouse Fund. — The schoolhouse fund is de- 
rived from the tax upon the property of any district in which 
a school house is to be built or repaired. This tax is voted 
by the electors of the sub-district or district township, and 
cannot exceed ten mills on the dollar when levied upon the 
property of the entire township. At the sub-district meet- 
ing held on the first Monday in March, the electors may 
vote to raise a certain sum of money for the erection of a 
schoolhouse. If the electors at the district township 
meeting, the following Monday, refuse to grant any or all 
of this amount, the tax is levied on the property of the 
sub-district, not to exceed fifteen mills on a dollar of valua- 
tion. As a rule, the tax for schoolhouse purposes is levied 
upon the property of the whole district and expended in the 
different sub-districts as occasion may require. 

Taxes Certified. — The district secretaries certify all 
taxes for school purposes to the count}' auditor on or before 
the third Monday in May, and the levy of the taxes is made 
by the board of supervisors at the time of levying the 
taxes for county purposes at their regular meeting in 
September. 



IOWA AND THE NATION. 17 



CHAPTER III. 

EDUCATION— SCHOOL FUNDS. 

The Public Schools. — The people of Iowa have 
always taken great interest in education and have done 
much for the establishment and support of the public 
schools. Even before the early settlers had erected com- 
fortable homes for themselves, they began to look about 
them for the means with which to build schoolhouses. 
Contributions of logs and other materials were made by 
those who had them to give, and others bore their part of 
the burden by aiding in the construction of the houses. 
In many instances, teachers received a part of their wages 
in ' 'boarding round. ' ' From these humble beginnings the 
educational interests have constantly improved, until now 
her school system is considered one of the best in the 
United States. In 1894, Iowa had nearly fourteen thousand 
schoolhouses, employed more than twenty-eight thousand 
teachers, and expended nearly ten million dollars for the 
support of her public schools. 

Land Grants, — Upon her admission into the Union, 
Iowa received a grant of five hundred thousand acres of 
land from the United States, which was at once set apart 
for school purposes. In 1845, congress passed a law pro- 
viding that section sixteen of each unorganized congres- 
sional township in all new states should be known as the 
school section of the township, and the money obtained 
from the sale of this land should form a part of the per- 
2 



18 IOWA AND THE NAITON. 

manent school fund of the state. By another act of con- 
gress, five per cent, of all the money received from the 
sale of public lands in any state is paid into the state 
treasury for the benefit of the schools of the state. 

Permanent School Fund. — The permanent school 
fund of Iowa is the money obtained from the sale of lands 
granted in these three ways, together with the money 
received from the estates of deceased persons who may 
have died without leaving a will or any lawful heirs. This 
money is distributed among the counties of the states and 
loaned on real estate security under the direction of the 
boards of supervisors. There never can be any loss of 
money from the fund, for should any county fail to invest 
the money properly, the interest must be paid out of the 
general county fund until such time as the money can be 
returned to the school fund. The permanent school fund 
can never be appropriated to any other use. 

Semi-Annual Apportionment. — The interest upon 
the permanent school fund is distributed among the differ- 
ent counties of the state twice a year, and on this account, 
it is known as the semi-annual apportionment, or public 
money, as it is frequently called. The basis of distribu- 
tion of interest is found by dividing the amount to be 
distributed by the number representing all the persons of 
school age in the state. The treasurer of each school dis- 
trict receives for the benefit of the teachers' fund of that 
district as many times the basis of distribution as there are 
persons of school age in the district. This interest is 
increased in each county by the net proceeds of all fines 
and forfeitures paid into the county treasury, and the amount 
received from the county school tax of from one to three 
mills on the dollar, which is levied by the county supervisors. 



IOWA AM) THE NATION. 19 



CHAPTER IV. 
TOWNSHIP OFFICERS. 

The officers of a civil township are three trustees, a 
clerk, an assessor, two constables, two justices of the peace, 
and as many road supervisors as there are road districts in 
the township. 

Trustees. — The township trustees have many import- 
ant duties to perform. They decide upon the place of 
holding elections, equalize taxes, and have charge of all 
cemeteries not controlled by other trustees, or by religious 
societies. They constitute the board of health of the town- 
ship, act as fence viewers, overseers of the poor, and judges 
of election. One trustee is chosen at the general election 
each year for a term of three years. All other township 
officers are elected in the even numbered years, and they 
serve two years. 

Duties. — The regular meetings of the trustees are 
held on the first Monday in April and October of each year. 
At the April meeting they estimate the amount of property 
tax to be used in improving highways and purchasing 
plows, scrapers, and material for building and repairing 
bridges. This road tax cannot be less than one mill nor 
more than five mills on the dollar of assessment for that 
year. They also determine what portion of the tax, if any, 
shall be paid in labor on the highway. 



20 IOWA AND THE NATION. 

Clerk — Duties. — The township clerk is secretary of 
the board of trustees, and it is his duty to keep an accurate 
record of the business done at all meetings of the board of 
trustees. He acts as clerk of election, has charge of the 
property of the township and receives the resignation 
of township officers. Immediately after an election he 
sends to the county auditor a list of the names of persons 
who received any votes for any office to be filled at that 
election, the number of votes each person received and the 
time of holding the election. He is empowered to admin- 
ister the oath of office to township officers. As clerk of 
election, it is his duty to preserve all the ballots cast 
at any election, together with the tally list, until the 
time for contesting the election of any officer voted for 
has passed. 

Assessor. — The township assessor is required to 
make a list of all the property of the township, both 
personal and real, and to assess its value for the purpose 
of taxation. 

Valuation Of Property. — To secure uniformity of 
assessment the county supervisors, at their January session, 
fix the value of the different kinds of property by classes. 
Each assessor in the county is furnished a copy of this 
classification of property, and in this way something of 
uniformity of taxation is obtained. 

Assessment. — The work of the township assessor is 
an important one, and sometimes quite difficult to perform 
to the satisfaction of property holders. Certain property 
is by law exempt from taxation. The assessor must inspect 
every piece of property subject to taxation in the township 
and determine its value for taxable purposes. As a rule, 



IOWA AND THE NATION. 21 

property, except moneys and credits, is assessed at about 
one-third of its cash value. The term moneys and credits 
includes cash in the bank, notes, mortgages, and bonds not 
exempt by law from taxation. There seems to be a popular 
notion that this kind of property should not be taxed at 
all and many plans are adopted to evade the law. There is 
little uniformity in assessing this kind of property and 
some abuses connected with listing moneys and credits 
should be corrected. 

Listing* Property. — On or before January fifteenth 
of each year the assessor receives from the county auditor 
two books to be used by him in assessing the property of 
the township. In each of these books he records all the 
items relating to the property he has assessed. One of 
these books is delivered to the township clerk on or before 
the regular meeting of the board of trustees on the first 
Monday in April, and it is used by them in equalizing 
assessments and levying taxes for township and highway 
purposes. Personal property is assessed every year, but 
real estate only in the odd -numbered years, and the value 
of real estate fixed in any year is also made the basis of 
taxation for the following year. 

Equalizing" Values. — It has been stated elsewhere 
that the trustees act as a board of equalization. When 
acting in this capacity it is their duty to examine the 
assessor's book carefully to see that no injustice has been 
done in fixing the valuation of property. Any person who 
thinks his property has been improperly assessed may 
appear before the board of trustees at their April meeting 
and petition that body to correct the wrong. 

Exemptions.— In general, the following classes of 



22 IOWA AND THE NATION. 

property are exempt from taxation and are not assessed: 
The property of the United States and of the state of Iowa, 
including school lands and all property leased to the state ; 
the property of school districts, townships, incorporated 
towns, cities and counties, when used exclusively for the 
benefit of the public and not for profit; the property of 
literary, scientific, benevolent, agricultural and religious 
institutions which is devoted to the appropriate uses of 
these institutions ; the estates of persons who, by reason of 
age or infirmity, are unable to contribute to the public 
revenue; farming utensils and the tools of any mechanic, 
not to exceed three hundred dollars in value in any case; 
and government or state lands during the year in which 
they may have been sold to private parties. 

Militia. — At the time of making the annual assess- 
ment, each assessor is required to make and return to the 
county auditor a list of the names of all persons subject 
to military duty, which includes all able-bodied male citizens 
between the ages of eighteen and forty-five years, except 
such as are exempt by the laws of the United States or of 
this state. 

Census. — Section 113, Code of Iowa, provides that, 
at the time of assessing property in 1875, and every ten 
years thereafter, the assessor shall make an enumeration of 
the inhabitants of his township. The result of this count- 
ing of the people is reported to the county auditor by the 
first day in June following. 

An abstract of the number of people living in all the 
townships of the county, as shown by the report of the 
assessor, is made by the county auditor and forwarded to 
the secretary of state by the first day of the next Septem- 



IOWA AMD THE NATION, "?3 

ber. This counting of the people is called taking the 
census. The census shows not only the number of inhabi- 
tants, but a collection of many interesting facts pertaining to 
the militia, the foreign population, and the condition of all 
the leading industries of the state. 



24 IOWA AND THE NATION. 



CHAPTER V. 
TOWNSHIP OFFICERS— CONTINUED. 

Justices of the Peace. — The jurisdiction of justices 
of the peace, when not specially restricted by law, is co- 
extensive with the county in which they reside. Each 
justice keeps a record book, or docket as it is called, in 
which he records all official acts done by him. The princi- 
pal duty of justices of the peace is to hold court for the 
trial of certain kinds of offenses, and for the settlement of 
disputes or the collection of small sums of money by 
process of law. 

Lawsuits. — Suits at law are of two kinds, civil and 
criminal. A civil suit is one for the enforcement or protec- 
tion of right or the prevention of wrong doing. A criminal 
suit is brought in the name of the state for the purpose of 
punishing an offender against the criminal laws of the state. 
Crimes are of two classes, felonies and misdemeanors. A 
felony is a crime that may be punished by imprisonment in 
the penitentiary, or by heavy fine. A misdemeanor is a 
minor crime, and is punished by light fine or imprisonment 
in the county jail. Murder, manslaughter, burglary, arson, 
grand larceny, and several other crimes are felonies. Petit 
larceny, assault and battery, drunkenness, the refusal of an 
officer to perform his official duties, and other lighter 
offenses are misdemeanors. The person who begins the suit 
is called the plaintiff, and the person sued, the defendant, 




High School Building, Dubuque 



IOWA AND THE NATION. 25 

Notice of Suit.— Some suits in justice courts may be 
commenced by the voluntary appearance in court of both 
parties to the suit. In many cases, a written notice from 
the justice of the peace to the defendant is necessary. Such 
a notice must contain the name of the defendant, or a 
description of him, if his name is unknown, the nature of 
the claim, the amount claimed by the plaintiff, and the time 
set for trial. The notice is then given to the sheriff or any 
constable of the county, to be served upon the defendant. 
The notice must be served within ten days of the time it is 
issued, and the trial must be held within fifteen days of the 
date of the notice. The defendant in any civil suit may 
put a stop to the proceedings at any time by paying the 
amount of the claim with the costs that have accrued. 

Change Of Venue, — Before the trial commences, 
either party may have it changed to some other justice 
court by filing an affidavit, or written statement under oath, 
stating : 

1. That the justice is prejudiced againt him. 

2. That the justice is a near relative of the other party 
to the suit. 

3. That the party filing the affidavit considers the 
justice a material witness against him. 

4. That he believes he will not receive justice at the 
hands of the officer before whom the action was commenced. 

This is called a change of venue, and it is designed to 
be a protection to personal rights. After a case has come 
to trial, it may be postponed for not more than sixty days 
to enable either party to secure additional witnesses. In 
many civil cases, a jury of six members is chosen to try the 



26 IOWA AND THE NATION. 

case, and any person accused of crime has the right to 
demand a jury trial. 

Collection Of Money. — A suit for the collection of 
a promisory note may be commenced in a justice court, 
provided the amount claimed does not exceed one hnndred 
dollars, or by special agreement of both parties, three hun- 
dred dollars. In criminal cases justices have jurisdiction 
over the trial of misdemeanors, and they may hold pre- 
liminary trials in graver offenses. 

Trial by Higher Court.— If a person charged with 
having committed a felony is examined before a justice of 
the peace and the evidence seems to show the accused to be 
guilty, the justice cannot decide the case and affix the pen- 
alty. It is his duty to bind the prisoner over to appear 
for trial at the next session of the district court. When a 
prisoner is bound over to appear before a higher court for 
trial, he gives a bond signed by responsible parties, in 
which it is agreed that if the accused does not appear for 
trial at the proper time, the amount of money named in 
the bond will be paid over to the proper officers for the 
benefit of the school fund of the county. Persons who can- 
not furnish bonds in such cases are sent to the county jail 
to await trial. 

Jurisdiction. — In criminal matters, the jurisdiction 
of justices of the peace extends to all cases, less than 
felony, committed in their respective counties, in which the 
punishment prescribed by law does not exceed a fine of 
one hundred dollars or imprisonment in the county jail 
thirty days. The mode of procedure is much the same in 
both civil and criminal cases. In any criminal action the 
defendant may, before any testimony has been taken, 



IOWA AND THE NATION. 27 

demand a trial by jury. If the person is found not guilty, 
he is set at liberty at once. If he is convicted, the justice 
renders the judgment of fine, or imprisonment, or both, as 
the case may require. Criminals sometimes plead guilty 
to the crimes of which they are accused in the hope of re- 
ceiving a light sentence. Besides performing the duties 
above mentioned, a justice of the peace may take acknowl- 
edgments of deeds, mortgages, and other papers, solemnize 
marriage ceremonies, and bind over disorderly persons to 
keep the peace. 

Constables. — The constable is the police officer of 
the township and the proper executive officer of the justice 
court, but any of the duties required of him may be per- 
formed by the sheriff of the county. 

Duties. — It is the duty of the constable to serve all 
warrants, notices, and other legal papers, when lawfully 
directed to do so by the trustees or clerk of the township, 
or by any court, and to perform certain other duties as 
required by law. He is forbidden to act as attorney for 
any party, or to purchase any property offered for sale 
by him upon execution or other process. Constables, al- 
though elected by the voters of their respective townships, 
may be called upon to perform their official duties in any 
part of the county. Hence they may be considered county 
officers in a special sense. 

Road Supervisors. — Each road supervisor must 
reside in the district from which he is chosen, but no per- 
son who is exempted from performing labor on the high- 
way can be required to serve in this capacit}^ Within four 
weeks after the township trustees have levied the property 
tax, the township clerk furnishes each supervisor with a tax 



28 IOWA AND THE NATION. 

list for his district, which shows the amount of tax on each 
piece of land and each town lot, as well as on all personal 
property belonging to each person in the district. This list 
also contains the names of all persons required to perform 
two days' labor upon the road as poll tax. 

Within ten days after receiving the tax-list, the super- 
visor is required to post up in three conspicuous places in 
his district, the amount of tax assessed to each tax payer. 
All able-bodied residents of each highway district, between 
the ages of twenty-one and forty-five years, are required to 
labor upon the highway two days of eight hours each. 

Duties. — On the first Monday of April and October of 
each year, the supervisors report to the township clerk the 
amount of labor performed on the highways in their respec- 
tive districts, the amount of all monej 7 s received, taxes 
unpaid, the condition of the highways, and such other infor- 
mation as may be considered necessary. 

When notified in writing that any bridge or portion of 
the highway is in an unsafe condition, the supervisor 
becomes personally liable for any damages resulting there- 
from, provided he has had a reasonable time to make the 
needed repairs. When notified that a county bridge is 
unsafe, it is his duty to obstruct it, and to inform a mem- 
ber of the board of count} T supervisors of the condition of 
the bridge at once. 

Pay. — For each day spent in the discharge of his 
duties, each road supervisor receives from the highway 
fund the amount fixed by the township trustees for a day's 
labor. When there is no money with which to pay the 
supervisor, he is entitled to a certificate for the amount of 



IOWA AND THE NATION. 29 

labor performed, which will be received in payment of his 
own highway tax for any succeeding year. 

Township Collectors. — The board of supervisors of 
any county in the state, having a population of more than 
seven thousand inhabitants, may, at their regular meeting 
in June, by a two-thirds vote of the board, order the elec- 
tion of a township collector of taxes in each township of 
the county. The first election of township collectors takes 
place at the next regular election after the action of the 
board of supervisors, and they are chosen in the same 
manner as other township officers. 

Duties. — Before entering upon the discharge of his 
duties, each township collector is required to give a bond 
to the county in twice the amount of the tax to be collected 
by him. Duplicate tax-lists for each township in which 
there is a collector, are made out by the county auditor 
and delivered to the county treasurer. The treasurer de- 
livers these lists to the collectors as soon as they have 
qualified, taking their receipts therefor. Upon receiving 
the tax-lists, each collector posts a notice in some con- 
spicuous place in each school district in his township, 
stating that he has received the lists. The notice must 
also state a place in the township where the collector will 
be at least one day each week for the purpose of receiving 
the payment of taxes. 

Statement. — Each collector is required to make a 
monthly statement to the county treasurer of the amount 
of taxes received by him. This report must be accom- 
panied by the money received. Township collectors are 
not chosen in very many counties, as this method of col- 
lecting taxes is much more expensive to the people and 



30 IOWA AND THE NATION. 

the additional number of officers renders the liability to 
mistakes much greater. 

Pay. — Each collector is entitled to receive for his 
services : 

1. Two per cent, of all sums collected by him on the 
first two thousand dollars, and one per cent, on all sums in 
excess of that amount when collected without suit. 

2. Five per cent, on all taxes collected by him by 
distress and sale of propert} 7 , which percentage and costs 
shall be collected of the delinquent taxpayer, and the same 
fees, in addition to the five per cent. , that constables re- 
ceive for the sale of property on execution. 

The compensation of justices and constables is by 
fees. Jurors in justice courts are allowed one dollar for 
each day's service, but no mileage. "Witnesses receive fifty 
cents for each da} T 's attendance upon this court, and five 
cents for each mile actually traveled in going to and re- 
turning from the trial. Trustees, clerks, and assessors are 
allowed two dollars for each day's work of eight hours. 



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CHAPTER VI. 

TOWN AND CITY GOVERNMENT. 

Cities Classed. — The term "town government" is used 
in its broadest sense, so as to include cities as well as incor- 
porated towns. This is often called municipal government. 
In Iowa, cities of the first class contain at least fifteen 
thousand inhabitants, and those of the second class, from 
two thousand to fifteen thousand inhabitants. Municipal 
governments of less than two thousand inhabitants are 
called incorporated towns. Each city or town contains as 
much territory as the inhabitants think necessary, and addi- 
tions are frequently made to the original plats. This terri- 
tory is separated into blocks which are divided into lots 
for convenience of ownership. For governmental pur- 
poses, cities are divided into wards, and each ward chooses 
its own members of the city council. 

Officers. — Each city of the first class has a mayor, 
two councilmen elected from the city at-large, a councilman 
elected from each ward, an assessor, marshal, treasurer, 
attorney, civil engineer, police judge, commissioner of the 
market, and certain others when specially required. 

Council. — The members of the city council are separ- 
ated into two classes, one of the members-at-large and one- 
half of the number of members from the wards being chosen 
each year for a term of two years. The election occurs on the 
first Monday in March of each year, and all the city officers, 



IOWA AND THE NATiON. 33 

except the assessor, begin the discharge of their duties on 
the third Monday in March. The term of the assessor be- 
gins on the first day of January following his election. 

Election. — The mayor and other officers, except as 
above stated, are elected in the odd numbered years, for a 
term of two years. In many of the larger cities, the coun- 
cil elects several additional officers at the April meeting, 
each having some special work to do in the government of 
the city. 

Mayor, — The mayor is a member of the city council, 
ex officio, and he is the chief officer of the city. He presides 
at the meetings of the council, holds court for the trial of 
offenders against the ordinances of the city, and sees that 
all orders of the council are properly enforced. He has 
the same general powers as a justice of the peace. 

Duties of Council. — The city council has power to 
adopt ordinances for the government of the city. The gen- 
eral law of the state confers on city councils the right to 
legislate in a prescribed manner, and all such acts, properly 
adopted, have the same force and effect as laws passed by 
the general assembly. The ordinances passed by any city 
council apply only to that city. The city council acts as a 
board of equalization of the assessment of property, in the 
same manner as does the board of trustees in the civil town- 
ship. 

Marshal. — The duties of the marshal correspond to 
those of constable. He attends the courts of the mayor 
and police judge, and is, in fact, the chief ministerial 
officer of the city. Many important duties devolve upon 
this officer in preserving the peace and maintaining order 



34 IOWA AND THE NATION. 

in the city. He may appoint deputies to aid him in the 
discharge of his duties, and for whose acts he is responsible. 

Treasurer. — The treasurer receives all money belong- 
ing to the city, and pays it out as ordered by the city coun- 
cil. His bond is fixed by the city council. 

Auditor. — The auditor has charge of the financial 
affairs of the city, and issues all warrants upon the city 
treasury when ordered to do so by the city council. His 
duties are numerous and important. 

Attorney. — The city solicitor, or attorney, is a lawyer 
elected to represent the city in all matters of a legal nature. 
He is required to furnish an opinion on any matter of law 
relating to the government of the city, when requested to 
do so by any officer of the city. His relations to the officers 
of the city are the same as those of the attorney-general to 
state officers, or of the county attorney to officers of the 
county. 

Police Court. — The police judge has jurisdiction of 
all offenses against an} T ordinance of the city in which he 
serves. In criminal matters, his powers are co-ordinate 
with those of justice of the peace, and he is entitled to the 
same fees as that officer. He may also take acknowledg- 
ments of signatures to deeds, mortgages, and other papers. 
His court, which is open at all times for the transaction of 
business, is a court of record. The clerk of this court is 
chosen by the qualified electors of the city or appointed by 
the police judge, as the council may direct. In case of 
A T acancy in the office of police judge, the duties of that 
officer devolve upon the mayor. For the prosecution of 
any person for violating an ordinance of the city, the 



IOWA AND THE NATION. 35 

police judge, or mayor, is entitled to such compensation as 
the city council may allow. 

Superintendent of the Market. — The superinten- 
dent of the market acts as overseer of all places provided 
by the city for the sale of fresh meats, vegetables, and 
other articles of a perishable nature usually offered for sale 
in a public market. 

Civil Engineer. — The civil engineer performs such 
duties belonging to his profession as may be required by 
the city council. 

General Provisions. — To the city council belongs 
the power to appoint members of the police force and 
night watch. It may also provide for a fire department 
and make regulations for governing the same. The council 
also acts as the board of health. 

Compensation. — The compensation of city officers is 
fixed by ordinances of the city council, or by fees as pre- 
scribed by law. Each member of the council receives as 
full compensation for his services an amount fixed by the 
council not to exceed two hundred and fifty dollars a year. 



36 IOWA AND THE NATION. 



CHAPTER VII. 
CITIES OF THE SECOND CLASS. 

Council. — In cities of the second class there are 
chosen on the first Monday in March of each odd -numbered 
year, a mayor, one councilman from each ward, a city 
solicitor, an assessor, and a treasurer. In each even-num- 
bered year, there is a councilman chosen from each ward. 
This divison of the council prevents a complete change of 
its membership at an}" election. The council appoints a 
city clerk, a marshal, a street commissioner, and such other 
officers as may be necessaiy. 

Term — Duties. — The term of all elective officers, ex- 
cept assessor, in cities of the second class, begins on the 
third Monda} r in March. The term of the assessor begins 
on the first day of January following his election. The 
officers appointed b} r the council serve for one year unless 
sooner removed The duties of officers in cities of the 
second class are much the same as those of corresponding 
officers in cities of the first class. The council fixes the 
salary of the mayor and other officers of the city. Each 
councilman may receive one dollar for attendance at each 
meeting of the council, provided the total amount received 
for the year does not exceed fifty dollars. 

INCORPORATED TOWNS. 
Officers. — The government of an incorporated town is 



IOWA AND THE NATION. 37 

vested in a mayor, a recorder, and six trustees, all of whom 
are chosen by the qualified voters residing within the limits 
of the corporation. The mayor and trustees constitute the 
town council, and any five of them are a quorum for the 
transaction of business. The council may, by ordinance, 
provide for the election of a treasurer and such other 
officers as may be necessary to administer the government. 
A marshal is appointed by the council. The powers and 
duties of these officers correspond to those of the same 
officers in cities. 

The mayor and recorder are elected on the first Monday 
in March of each year and their term of office begins on 
the third Monday in March. Two trustees are chosen each 
year for a term of three years. 

CITIES UNDER SPECIAL CHARTER. 

Many of the older cities of the state were organized 
before the present law for the incorporation of cities and 
towns was enacted. The government of these cities differs 
somewhat from that of cities authorized by the general law 
of the state. Such cities are said to be governed by special 
charter. Many laws for the government of other cities 
have been made to apply to cities organized under special 
charter. 



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IOWA AND THE NATION. 39 



CHAPTER VIII. 
COUNTY GOVERNMENT. 

Counties. — Iowa, with an area of 56,025 square miles, 
is separated into ninety-nine counties. When the state was 
admitted into the Union, in 1846, there were only twenty- 
seven organized counties, but before many years had elapsed, 
the entire area of the state was included in the counties as 
they now exist. In most counties the boundaries conform 
to the range and township lines, as established by govern- 
ment survey. Owing to the irregular course of the rivers, 
the counties along the eastern and western boundaries of 
the state vary from the prevailing rectangular form. 

County Names. — The study of county names is full 
of interest. Eleven of the counties, Washington, Adams, 
Jefferson, Madison, Monroe, Jackson, Van Buren, Harrison, 
Polk, Taylor, and Buchanan, were named for presidents, 
and Johnson county for Richard M. Johnson, vice-president 
of the United States with Van Buren. Audubon, Benton, 
Calhoun, Carroll, Clay, Clinton, Decatur, Fremont, Hum- 
boldt, Jasper, Kossuth, Marion, Marshall, Scott, Story, 
Warren, Wayne, and Webster counties commemorate names 
that are historic. Several county names were conferred in 
honor of noted Indians or Indian tribes. Among these 
may be named Allamakee, for Allan Makee, a noted Indian 
trader, Black Hawk, Cherokee, Chickasaw, Iowa, Mahaska, 
Pocahontas, Pottawattamie, Poweshiek, Sac, Sioux, Tama, 



40 IOWA AND THE NATION. 

Winnebago and Winneshiek as the most noted. Cerro 
Gordo, Buena Vista, and Palo Alto were named to commem- 
orate three famous battles of the Mexican War. The origin 
of all the other county names may be easily found by a 
little research on the part of pupils, and many valuable 
lessons in biography may be based on these names. 

County Seat. — County government is, in many re- 
spects, very important. In each county the people have 
selected a place at which the principal business of the county 
is transacted. This place is known as the county seat, and 
it is generally near the middle of the county. The offices 
of the county are usually kept at this place in a building 
called the court-house. 

Officers. — The officers of a county are a board of 
supervisors, an auditor, treasurer, clerk of the district 
court, sheriff, recorder, superintendent of schools, coroner, 
surveyor and attorney. The auditor, treasurer, clerk and 
sheriff are each allowed a deputy in most counties. 

Election. — These officers are chosen by the qualified 
voters of the county at the general election, and the term 
of each, except that of supervisor, is two years. The clerk 
of the district court, recorder, auditor, and attorney are 
elected in even numbered years, and the others in the odd 
numbered years. At least one supervisor is chosen every 
year. The principal duties of each of the these officers 
will now be discussed. For their special powers, reference 
should be made to the Code of Iowa, and to the session 
laws, as the acts of the general assembly are called. 

Board of Supervisors. — The board of supervisors 
consists of three, five, or seven members, as the people deter- 



IOWA AND THE NATION. 41 

mine. Their term of office is three years, and one-third of 
the number, as nearly as may be, are chosen at each general 
election. The only qualification required of members of 
this board is that they must be qualified voters of the county 
in which they are chosen, and no two members can be 
elected from the same township. Eegular meetings of the 
board are held on the first Monday of January, April, June, 
and September, and the first Monday after each general 
election. At the first meeting in each year, one of the 
members is chosen chairman of the board, and it is his 
duty to preside at all the meetings of the board during that 
year. 

Supervisors may be chosen from the county at large, 
or the county may be separated into supervisor districts, 
each district choosing one supervisor. 

Duties. — If any supervisor neglects or refuses to per- 
form any of the duties devolving upon him as a member of 
the board, without just cause, he is liable to a fine of one 
hundred dollars for each offense. This board has control 
of the property of the county, the courthouse and other 
buildings belonging to the county, and the care of the poor. 
In many counties, a poor house and poor farm are supported 
at public expense. It is the duty of the board to examine 
all bills against the county, and to pay all just claims, unless 
some other method of payment is provided by law. 

The supervisors manage and control the investment of 
the permanent school fund apportioned to the county, 
change the boundaries of civil townships, and act as com- 
missioners of highways. They provide for the building of 
all bridges which cannot be constructed by the different 
road districts on account of lack of funds. 



42 IOWA AND THE NATION. 

Levy of Taxes. — At their September meeting, they 
lev}" the taxes to be used for the support of state, county, 
town, and township government. This levy is made upon 
all the taxable property in the county, and the amount is 
determined in several different ways. The money for the 
support of the state government is obtained from a uniform 
tax levied upon all the taxable property of the state. The 
rate of taxation for this purpose is, at present, two and one- 
half mills on the dollar, and the supervisors of each count}* 
are required to include this in the levy. For the payment 
of salaries of county officers and the running expenses of 
the county government, a levy not to exceed six mills on 
a dollar and a poll tax of fifty cents is made. For the sup- 
port of schools, the levy is not less than one mill nor more 
than three mills, and for building and repairing bridges, 
not more than three mills on a dollar. In addition to these 
taxes, the supervisors levy the amounts estimated by the 
various school, township, town, and city officers, having the 
control of these departments of local government, provided 
the estimates are made as required by law. 

In order to show clearly how the different items of tax- 
ation are determined, the tax for all purposes, as levied by 
the board of supervisors of Mitchell count}* upon the prop- 
erty in the independent district of Osage for the year 1894., 
is here given. 

GENERAL LEVY. 

How Estimated. 
By General Assembly. 
By Board of Supervisors. 

a a a 



Funds. 


Mill 


State, 


2 5 - 

*1 


County, 


5 


County School, 


1 


Bridge, 


3 



IOWA AND THE NATION. 43 



Funds. 


Mills. How Estimated. 


Bond, 


1 By Board of Supervisors, 


Insane, 


\ a a a 


Soldiers' Relief, 


2 a a a 
T¥ 


County Road, 


3 a a a 
TO 


OSAGE CITY LEVY. 


Incorporation, 


10 By City Council. 


Sinking Fund, 


9 5 a a a 
^10" 


OSAGE IND. DISTRICT. 


Teachers' , 


11 T 2 ¥ By Board of Directors. 


Contingent, 


A 7 a a a 
u l 


School-House, 


4 T 6 o " Electors. 



The general levy for state and county purposes is the 
same throughout the county. The city levy is for the sup- 
port of the city government and the payment of a bonded 
debt, and the district levy is for the support of schools. 
The total levy in this district for all purposes is forty-nine 
mills on a dollar. 

Uniform Assessment. — In order that the property 
of the county may be assessed uniformly, the board of 
supervisors act as a board of equalization between town- 
ships. The assessment is based largely upon the judgment 
of the township assessor. Suppose that in any two town- 
ships of a county, the assessor should in one township fix 
the value of property at as low a rate as possible, and the 
other one as high as possible. This would not affect the 
amount to be raised for local purposes, as the local boards 
estimate the amount of money needed, and not the rate of 
tax to be levied. But the township having the higher 
assessment would be obliged to contribute more than its 



44 IOWA AND THE NAHOX. 

share for the support of county and state government, as 
the estimates for county and state revenue are based on the 
assessed value of property at a certain number of mills on 
the dollar. 

Equalization. — The board of supervisors may find 
that the property of one township is listed too high and 
that of the other too low, as compared with the other town- 
ships of the county. Acting as a board of equalization 
they will direct the county auditor in making out the tax 
list to lower the assessed value of the property in the town- 
ship assessed too high, and raise it in the other, so as to 
make the burden of taxation uniform. 

Pay. — Each member of the board of supervisors re- 
ceives four dollars a day for the time actually spent in at- 
tending the meetings of the board, and two dollars and a 
half a day, when not in session but employed in committee 
work. Mileage is allowed for going to and returning from 
each session of the board, and for the distance traveled in 
performing committee work. The rate is six cents for each 
mile traveled. Supervisors are not required to give bonds 
to insure the faithful performance of their duties. 

General Provisions. — The board of supervisors are 
often called the legislative body of the county, and there is 
a sense in which this is true, but each board acts only for 
its own county, and in a manner prescribed by law. This 
legislative power consists in the adoption of certain regula- 
tions for the management of county matters, and for which 
there is no special provision of law. Nearly all boards of 
commissioners and directors authorized by the laws of the 
state are given large discretionary powers, and it is in the 
exercise of such powers that boards of supervisors are said 



IOWA AND THE NATION. 45 

to have the right to legislate. It is recommended that a 
careful study of county government be made by all pupils 
as a preparation for a clear understanding of state and 
national government. It is also suggested that pupils be 
required to examine and discuss the published proceedings 
of the board of supervisors as they appear in the county 
papers after each regular session of the board. In this way 
an interest in public affairs will be aroused, the study of 
civil government will be made more practical. 

County Auditor. — The county auditor is clerk of the 
board of supervisors, and it is his duty to record the pro- 
ceedings of that body and preserve them in permanent form 
in books provided for that purpose. He signs all orders 
issued by the board for the payment of money from the 
county treasury, and serves as general accountant for the 
county. Before each election, the auditor prepares and 
furnishes two poll-books for each voting precinct in the 
county. Immediately after election, one of these books is 
forwarded to him from each voting precinct with the num- 
ber of votes each candidate received for every office to be 
filled at that election. From the poll-books thus made out, 
he makes an abstract of all the votes cast in the county 
for each candidate, and forwards it to the secretary of state 
at DesMoines. 

Bond. — The bond of the county auditor is fixed by the 
board of supervisors, and it cannot be less than five thousand 
dollars. It is usual in most counties for the bond to be fixed 
at ten thousand dollars. The loaning and general manage- 
ment of the permanent school fund apportioned to the county, 
as well as the division of the county school fund and interest 
on the permanent school fund, is left to the county auditor. 

Salary. — His salary is fixed by law at twelve hundred 
dollars a year, in counties having less than twenty-five 



46 IOWA AND THE NATION. 

thousand inhabitants. In counties having a greater popu- 
lation, the board of supervisors may allow such additional 
compensation as they think necessar}\ 

County Treasurer. — The county treasurer receives 
all money belonging to the county and pays it out upon the 
order of the board of supervisors. Warrants, or orders, 
for the payment of money by the county treasurer are 
drawn and signed by the county auditor and sealed with 
the county seal. The treasurer keeps a record of all 
mone3 r s received and warrants paid, and holds the same, at 
all times, subject to the inspection of the board of super- 
visors. He keeps a separate account of the taxes levied in 
the county for state, county, school, highway, and other 
purposes. 

Taxes. — Taxes levied in any year become due on the 
first of January and delinquent on the first day of March 
following. If taxes are paid before the first of April 
after they become due, no interest is charged, but if not 
paid then, interest is charged on the amount of the taxes 
at the rate of one per cent, a month from the first of 
March, the time they become delinquent. If, however, a 
person pays one -half of his tax before April first, the other 
half need not be paid till the last day of September, and no 
penalty will be charged. 

Tax Receipts. — The treasurer makes out and delivers 
to each taxpayer a receipt, stating the time of payment, 
the description and assessed value of each parcel of land, 
the assessed value of all property belonging to him, the 
amount of each kind of tax, the interest and costs that 
have accrued, if any, giving a separate receipt for each 
year. 



IOWA AND THE NATION. 47 

Tax Sale. — On the first Monday in December of each 
j^ear, the county treasurer is required to offer at public sale 
at his office, all lands, town lots, and other real property on 
which taxes of any description for the preceding year, or 
years, are due and unpaid. This tax sale is made for the 
total amount of such unpaid taxes, together with interest 
and legal costs of advertisement and sale. 

Bond. — The bond of the county treasurer cannot be 
less than five thousand dollars, but usually it is much more 
than that amount. It is safe to say that the average 
amount of bonds required of county treasurers throughout 
the state is fifty thousand dollars. 

Salary. — In counties having less than ten thousand 
inhabitants, the compensation cannot exceed thirteen hun- 
dred dollars, with an allowance of three hundred dollars for 
clerk hire. In counties having more than ten thousand and 
less than thirty thousand inhabitants, the compensation can- 
not exceed fifteen hundred dollars, with six hundred dollars 
for clerk hire. In counties having more than thirty thousand 
inhabitants the supervisors may allow such additional com- 
pensation as they consider necessary. 

Clerk of the District Court.— It is the duty of 
this officer to attend all sessions of the district court, and 
to keep its records, papers and official seals. He keeps a 
book, known as the record book, in which are recorded the 
proceedings of the court; a judgment docket, in which to 
keep an abstract of all judgments rendered by the court 
with all the explanations necessary; a fee book, in which 
to enter in detail the costs and fees in each law suit; an 
incumbrance book, in which the sheriff records a statement 
of each attachment of real estate ; an appearance docket, 



48 IOWA AND THE NATION. 

in which all suits are entered in the order in which they are 
begun ; and a book in which is kept a record of all liens filed 
in the district court. 

Report. — On or before the first Monday in November 
of each year, he is required to make a full report of all 
criminal trials held by the district court for the preceding 
year. This report shows the character of the offense, the 
nature and amount of the penalty inflicted, the nationality, 
occupation, and general habits of the person convicted, 
whether he can read and write, and also the entire expense 
to the county for criminal prosecutions during the year. 

Duties. — It is the duty of this officer to issue mar- 
riage licenses when application is properly made. He 
keeps a register which contains the names and ages of the 
parties, the date of the marriage, and the name and official 
standing of the party by whom it was solemnized. He 
also appoints executors, administrators, guardians, and ap- 
praisers of the property of persons deceased, and approves 
the bonds which they are required by law to file with him 
as security for the faithful discharge of their duties. In 
fact, this officer now has the settlement of all matters of 
probate, subject to the direction and approval of the judge 
of the district court. 

The clerk may appoint a deputy to aid him in transact- 
ing the business of his office, but neither of these officers 
can. during the time of his official incumbrance, hold the 
office of justice of the peace, or act as attorney or solicitor 
in any ease in court. 

Bond. — His bund cannot be less than five thousand 
dollars, and his compensation varies according to the popu- 
lation of the count v in which he serves. 



IOWA AND THE NATION. 49 

Salary. — In counties having less than ten thousand 
inhabitants, the salary cannot exceed eleven hundred dollars 
a year; in counties having more than ten thousand, but 
less than twenty thousand inhabitants, thirteen hundred 
dollars a year ; where the population is more than twenty 
thousand, but less than thirty thousand, fifteen hundred; 
and in counties having more than thirty thousand inhabitants, 
the board of supervisors may allow such compensation as 
they deem proper, not to exceed thirty-five hundred dollars 
a year. 

Fees. — A full and complete account of all fees re- 
ceived must be reported to the board of supervisors at 
each regular session. The fees, in excess of the salary, 
must be paid into the county treasury, but the board of 
supervisors may allow an amount, not to exceed three hun- 
dred dollars, as additional compensation for performing the 
work connected with matters of probate. 



50 IOWA AND THE NATION. 



CHAPTERIX. 
COUNTY GOVERNMENT.— CONTINUED. 

Sheriff. — The sheriff is the chief police officer of the 
county, and he has many important duties to perform in con- 
nection with the district court. He has charge of the jail of 
the county, and the custody of all prisoners committed to it. 
The sheriff and his deputies are conservators of the peace, 
and, when necessary, they may call upon private citizens to 
aid them in the discharge of their duties. They are forbid- 
den to purchase, directly or indirectly, any property offered 
for sale by them under any process of law. 

It is the duty of the sheriff to give at least ten days' 
notice of each general election by a proclamation published 
in some newspaper printed in the county, or by posting 
notices of it in at least five public places in the county. 
The same rule applies to all special elections ordered by the 
governor. 

Salary. — The salary of the sheriff is fixed by law at 
not less than two hundred, nor more than four hundred dol- 
lars a year, but in addition to this, he is allowed certain fees 
for serving executions, attachments, and other papers, five 
cents for each mile traveled in the discharge of his duties, 
and a percentage for collecting and paying over money. 
His bond cannot be less than five thousand dollars. 

The sheriff may appoint a deputy, who is paid a salary 
fixed by the board of supervisors, not to exceed one thous- 




High School Building, Cedar Rapids. 



IOWA AND THE NATION. 51 

and dollars a year. In counties having a population of 
more than twenty-eight thousand and less than forty-five 
thousand, sheriffs are required to pay into the county treas- 
ury, all fees received by them and their deputies, in excess 
of twenty-three hundred dollars a year, and in counties 
having a population of more than forty-five thousand, all 
fees in excess of three thousand dollars a year. When the 
fees received by the sheriff in such counties equal these 
amounts, he receives no salary from the county, but his 
actual expenses and those of his deputies are paid out of 
the county treasury. 

County Recorder. — The county recorder is provided 
with an office in the court-house, and it is his duty to copy 
accurately all deeds, mortgages, and other papers delivered to 
him for record, in the manner prescribed by law. He keeps 
separate books for deeds, mortgages of real estate, chattel 
mortgages, and other papers, and he is required to write on 
each paper delivered to him for record, the exact time it 
was received. The records of his office show the names of 
those persons who received the' original deeds of land from 
the government, and also all transfers and changes in own- 
ership from the original entry down to the present time. 

Records. — Deeds, mortgages, and other valuable 
papers are often lost or destroyed by accident, but if they 
have been properly recorded, an exact copy of the record 
can be made from the books of the recorder at slight cost. 
Sometimes the recorder keeps a set of abstracts which show 
all the changes that have been made in the ownership of 
each separate piece of real estate in the county, and also 
the times at which such changes were made. These abstract 
books are very valuable helps in the purchase or sale of 



52 IOWA AND THE NATION. 

real estate, and it requires great care to prepare them and 
keep them up to date. A complete set of abstract books 
in some of the large counties is worth several thousand 
dollars. 

Compensation. — The compensation of the recorder 
consists of fees. He receives fifty cents for recording each 
paper of not more than four hundred words, and ten cents 
extra for every one hundred additional words, or fraction 
thereof. The fee for recording a deed to real estate, if 
made in the usual form, is seventy-five cents, but twenty- 
five cents of this is paid to the county auditor for entering 
the land for taxation in the name of the purchaser. The 
amount of the bond of this officer is fixed by the board of 
supervisors. 

County Superintendent. — To this officer is intrusted 
the supervision and general management of the school affairs 
of the county in which he is chosen. On the last Saturday 
in each month, and at such other times as may be necessary, 
he meets all applicants for certificates to teach, and examines 
them as to their knowledge of orthography, reading, writing, 
arithmetic, geography, grammar, physiology, didactics, and 
history of the United States. 

Certificates. — Tf the examination is satisfactory, and 
the county superintendent believes that the respective appli- 
cants possess good moral characters, and the essential 
qualifications for teaching and governing schools, he issues 
to each one so qualified a certificate to that effect, for a 
period not exceeding one year. Each applicant for a cer- 
tificate is required to pay a fee of one dollar, which is 
deposited with the county treasurer by the county superin- 
tendent, and forms a part of the county institute fund. 



IOWA AND THE NATION. 53 

Normal Institute. — The county superintendent holds 
a normal institute every year for the benefit of teachers and 
those intending to teach. A normal institute is a special 
training school for teachers, and the county superintendent 
employs several prominent teachers to carry on the work. 
No person can be employed to teach in an institute without 
the consent of the state superintendent of public instruction. 

Institute .Fund. — Every person who enrolls as a 
member of the institute is required to pay a registration fee 
of one dollar. The examination and registration fees, and 
fifty dollars paid to each county annually out of the state 
treasury, constitute the institute fund, which is used exclu- 
sively to pay the expenses of the institute. The county 
supervisors sometimes increase this fund by an appropria- 
tion from the general county fund, as they are permitted 
to do by law. 

Appeals. — Any person who is not satisfied with the 
action of any school board may appeal from the board to 
the county superintendent. The appeal must be made 
within thirty days after the decision of the local board, and 
in a manner prescribed by law. The county superintendent 
cannot, however, decide cases involving the election of 
school officers or the payment of money. Such cases 
cannot be taken before him on appeal, but must be tried 
in the courts. 

Report. — On the first Tuesday in October of each 
year, the county superintendent is required to report to the 
state superintendent of public instruction a complete 
abstract and summary of the reports made to him by the 
secretary and treasurer of each district in the county, 
together with much other valuable information concerning 



54 IOWA AND THE NATION. 

the schools under his charge. This report shows the total 
value of school propert} r in the county, the number of 
schools, teachers employed, pupils enrolled, persons of 
school age, the amount expended for the support of schools 
during the year, and many other items of interest. 

At the same time, he is required to file with the county 
auditor a statement of the number of persons of school age 
in each school district in the county. He reports to the 
officers of the different state institutions for the unfortun- 
ate, the name, age and residence of each person of school 
age who is blind, deaf and dumb, or feeble minded. 

Pay. — The county superintendent receives four dollars 
a day for the time actually spent in the discharge of his 
official duties, and the county supervisors may allow such 
additional compensation as they deem proper. His bond 
is fixed by the board of supervisors, and it is usually one 
thousand dollars. 



IOWA AND THE NATION. 55 



CHAPTER X. 

COUNTY GOVERNMENT.— Continued. 

County Surveyor. — The duties of county surveyor 
are quite important in locating the boundaries of the differ- 
ent divisions of land as established by government survey. 
About the first thing done in a new county, in its earliest 
history, was the official survey of its land by the authority 
of the United States government. At the time of that sur- 
vey, a careful record was made of all boundary lines estab- 
lished and measurements made. These records are called 
field notes of the survey, and they are now used by the 
county surveyor as the basis of his surveys. 

Surveys. — He makes all surveys of land in his county, 
which may be required of him, and his surveys are con- 
sidered to be correct. He is required to establish the 
corners of sections and other divisions of land by the aid of 
trees, or by fixing stones firmly in the earth, or by 
mounds. 

Plat. — When requested to do so, he must furnish the 
person for whom any survey is made, a copy of the field- 
notes and plat of the survey. The record and plat must 
show distinctly of what piece of land it is a survey, at 
whose request it was made, the names. of the chainmen. 
and the date of the survey. The chainmen are the persons 
who make the measurements by the aid of the surveyor's 
chain. They must be disinterested persons, approved by 



56 IOWA AND THE NATION. 

the surveyor, and sworn by him to make just and impartial 
measurements to the best of their ability. 

Pay. — The county surveyor is not paid a fixed salary, 
but any person employing him pays him fees as prescribed 
by law. He may charge for his services four dollars for 
each day spent in making the survey and the required re- 
cords, and for the time spent in going to and returning from 
the place where the survey is made. He may also charge 
fifty cents for a certified copy of the plat of the survey and 
the field-notes belonging thereto. 

Coroner. — It is the duty of this officer to perform all 
the duties of the sheriff, when there is no sheriff, or when 
that officer is an interested party in any proceedings in 
any court of record. 

He also acts as sheriff when an affidavit is filed with 
the clerk of the court that the sheriff and his deputies are 
absent from the county, and are not expected to return in 
time to perform the service required. 

Inquest. — It is also his duty to hold an inquest upon 
the dead bodies of those persons who are supposed to have 
died by unlawful means. Upon receiving notice that such 
a body has been found in his county, he issues a warrant to 
any constable of the county, directing him to summon im- 
mediately three electors to serve as a jury in determining 
when, how, and by what means the deceased came to his 
death. The coroner may summon witnesses, and both 
jurors and witnesses are sworn to the faithful performance 
of the duties devolving upon them. 

The testimony given at the inquest is reduced to writing 
and signed by the witnesses. The jurors, having viewed the 
body, heard the testimony, and made all needful inquiries, 



IOWA AND THE NATION, 57 

return to the coroner in writing the result of their investi- 
gations. 

Proceeding's. — If it be found at the inquest that a 
crime has been committed on the deceased, and the evidence 
be sufficient to authorize the jury in naming the guilty 
person, the coroner proceeds to secure his arrest, if possible, 
before the proceedings are made public. The body of the 
deceased is delivered to his friends by the coroner, but 
where there are no friends and no property, the expenses 
of the inquest and burial are paid out of the county 
treasury. 

Fees. — The fees of the coroner are as follows: 

For holding an inquest and making the return, five 
dollars ; 

For viewing a body without holding an inquest, three 
dollars ; 

For issuing each subpoena, warrant, or order for a jury, 
twenty-five cents ; and 

For each mile traveled in going to and returning from 
holding an inquest, ten cents. 

For acting as sheriff he receives the usual fees of that 
officer. 

He is obliged to give bonds to the amount required by 
the board of supervisors. 

County Attorney. — By an amendment to the con- 
stitution, adopted at the general election in 1884, the office 
of district attorney was abolished, and that of county 
attorney provided for. The county attorney acts as the 
legal adviser of the officers of the county in which he is 
chosen, and it is also his duty to appear for Ihe btate in the 
prosecution of criminals, and to represent the county in 



58 IOWA AXD THE NATION. 

the supreme court when the county is a party to any suit in 
that court. 

Bond. — Salary. — The bond required of this officer, 
to be filed with the county auditor, is not less than five 
thousand dollars. The salary, which is fixed by the board 
of supervisors, ranges from three hundred to fifteen hund- 
red dollars, according to the population of the county. 
Fees and mileage are also provided for, in certain cases. 
The term of office is two years, commencing on the first 
Monday in January of each odd-numbered j-ear. 

Notary Public. — A notary public is not property a 
county officer, although his powers are limited to the county 
in which he resides. 

Appointment. — Any person wishing to become a 
notary public may make application to the governor for an 
appointment as such. If the application is satisfactory, the 
person receives a commission authorizing him to serve as 
notary public. The term of this officer is three years, but 
for convenience, all commissions expire on the fourth day 
of July of every third year. 

Seal. — Each notary public, or notary, as he is com- 
monly called, has an official seal, upon which is engraved 
the words, "Notarial Seal, " and "Iowa," with the initials 
of his given name and his surname in full. The cost of a 
commission is a dollar and a quarter, and that of a notarial 
seal, three dollars. Each notary is required to give a bond 
in the sum of five hundred dollars, which he files with the 
clerk of the district court, as a surety that he will faithfully 
perform the duties of his office. The governor may revoke 
the commission of a notary at any time. 



IOWA AND THE NATION. 59 

Powers. — A notary public may administer oaths, take 
the acknowledgment of signatures to deeds, mortgages, 
wills, and other legal documents, and perform certain other 
duties of like character. He must stamp with his official 
seal all papers of which he takes acknowledgments. He also 
certifies concerning the signatures in the following manner: 

State of Iowa. ) 

> ss. 
Mitchell Co. \ 

Be it remembered that on the day of , 

A. D , before the undersigned, a notary public in and 

for said county, personally appeared A B and 

C . . , . . . D , to me personally known to be the iden- 
tical persons whose names are affixed to the foregoing in- 
strument as grantors, and acknowledged the same to be their 
voluntary act and deed. Witness my hand and notarial 
seal the day and year above written. 

E F 

Notary Public. 



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IOWA AND THE NATION. 61 



CHAPTER XI. 

CONSTITUTION OF IOWA. 

Preamble.— "We, the People of the State of Iowa, grateful to 
the Supreme Being for the blessings hitherto enjoyed, and feeling 
our dependence on Him for a continuation of those blessings, do 
ordain and establish a free and independent government, by the 
name of the State op Iowa, the boundaries whereof shall be as 
follows : 

Boundary. — Beginning in the middle of the main channel of 
the Mississippi river, at a point due east of the middle of the 
mouth of the main channel of the Des Moines river, thence up 
the middle of the main channel of the said Des Moines river, to a 
point on said river where the northern boundary line of the state 
of Missouri — as established by the constitution of that State, 
adopted June 12, 1820 — crosses the said middle of the main chan- 
nel of the said Des Moines river, thence westwardly along the said 
northern boundary line of the state of Missouri, as established at 
the time aforesaid, until an extension of said line intersects the 
middle of the main channel of the Missouri river; thence up the 
middle of the main channel of the said Missouri river to a point 
opposite to the middle of the main channel of the Big Sioux 
river, according to Nicollet's map; thence up the main channel of 
the said Big Sioux river, according to the said map, until it is inter- 
sected by the parallel of forty-three degrees and thirty minutes 
north latitude; thence east along said parallel of forty-three de- 
grees and thirty minutes, until said parallel intersects the middle 
of the main channel of the Mississippi river;, thence down the 
middle of the main channel of the said Mississippi river to the 
place of beginning. » 

ARTICLE 1.— Bill op Rights. 

Section 1. — Rights of Persons. — All men are, by nature, free 
and equal, and have certain inalienable rights, among which are 



62 IOWA AND THE NATION. 

those of enjoying and defending life and liberty, acquiring, pos- 
sessing, and protecting property, and pursuing and obtaining 
safety and happiness. 

Sec. 2. — Political Power. — All political power is inherent in 
the people. Government is instituted for the protection, security, 
and benefit of the people, and they have the right, at all times, to 
alter or reform, the same, whenever the public good may re- 
quire it. 

Sec. 3. — Religion. — The general assembly shall make no law 
respecting an establishment of religion, or prohibiting the free ex- 
ercise thereof; nor shall any person be compelled to attend any 
place of worship, pay tithes, taxes, or other rates, for building 
or repairing places of worship, or the maintenance of any minister 
or ministry. 

Sec. 4.— Religious Test.— No religious test shall be required as 
a qualification for any office of public trust, and no person shall be 
deprived of any of his rights, privileges or capacities, or disquali- 
fied from the performance of any of his public or private duties, or 
rendered incompetent to give evidence in any court of law or 
equity, in consequence of his opinions on the subject of religion; 
and any party to any judicial proceeding shall have the right to 
use as a witness, or take the testimony of, any other person, not 
disqualified on account of interest, who may be cognizant of any 
fact material to the case; and parties to suits may be witnesses, as 
provided by law. 

Sec. 5. — Dueling. — Any citizen of this state who may here- 
after be engaged, either directly or indirectly, in a duel, either as 
principle or accessory before the fact, shall forever be disqualified 
from holding any office under the constitution and laws of this 
state. 

Sec. 6. — Laws Uniform. — All laws of a general nature shall 
have a uniform operation; the general assembly shall not grant to 
any citizen or class of citizens, privileges or immunities, which 
upon the same terms shall not equally belong to all citizens. 

Sec. 7. — Liberty of Speech and Press. — Every person may 
speak, write and publish his sentiments on all subjects, being re- 
sponsible for the. abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech or of the press. In all 



IOWA AND THE NATION. 63 

prosecutions or indictments for libel, the truth may be given in 
evidence to the jury, and if it appears to the jury that the matter 
charged as libelous was true, and was published with good mo- 
tives and for justifiable ends, the party shall be acquitted. 

Sec. 8. — Personal Security.— The right of people to be secure in 
their persons, houses, papers and effects, against unreasonable 
seizures and searches shall not be violated; and no warrant shall 
issue but on probable cause, supported by oath or affirmation, par- 
ticularly describing the place to be searched, and the persons and 
things to be seized. 

Sec. 9. — Trial by Jury.— The right of trial by jury shall re- 
main inviolate , but the general assembly may authorize trial by a 
jury of a less number than twelve men in inferior courts ; but no 
person shall be deprived of life, liberty, or property without due 
process of law. 

Sec 10— Eights of Persons Accused.— In all criminal prose- 
cutions, and in cases involving the life or liberty of an individual, 
the accused shall have a right to a speedy and public trial by an 
impartial jury; to be informed of the accusation against him; to 
have a copy of the same when demanded ; to be confronted with 
the witnesses against him; to have compulsory process for his 
witnesses ; and to have the assistance of counsel. 

Sec 11. — Indictment. — All offenses less than felony and in 
which the punishment does not exceed a fine of one hundred dol- 
lars, or imprisonment for thirty days, shall be tried summarily 
before a justice of the peace, or other officer authorized by law, 
on information under oath, without indictment, or the interven- 
tion of a grand jury, saving to the defendant the right of appeal ; 
and no person shall be held to answer for any higher criminal 
offense, unless on presentment or indictment by a grand jury, 
except in cases arising in the army or navy, or in the militia, 
when in actual service, in time of war or public danger. 

Sec 12. — Twice Tried. — Bail. — No person shall, after acquittal, 
be tried for the same offense. All persons shall, before conviction, 
be bailable by sufficient sureties, except for capital offenses, where 
the proof is evident, or the presumption great. 

Sec 13. — Habeas Corpus. — The writ of habeas corpus shall not 
be suspended or refused when application is made as required by 



64 IOWA AND THE NATION. 

law, unless in case of rebellion or invasion, the public Bafety may 
require it. 

Sec. 14.— Military. —The military shall be subordinate to the 
civil power. No standing army shall be kept up by the state in 
time of peace ; and in time of war, no appropriation for a standing 
army shall be for a longer time than two years. 

Sec. 15. — Quartering- Troops. — No soldier shall, in time of 
peace, be quartered in any house without the consent of the 
owner, nor in time of war except in the manner prescribed by law. 

Sec 16. — Treason. — Treason against the state shall consist only 
in levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall be convicted of treason, unless 
on the evidence of two witnesses to the same overt act, or confes- 
sion in open court. 

Sec. 17. — Bail Punishment. — Excessive bail shall not be re- 
quired ; excessive fines shall not be imposed, and cruel and unusual 
punishment shall not be inflicted. 

Sec 18. — Property. — Private property shall not be taken for 
public use without just compensation first being made, or secured 
to be made, to the owner thereof, as soon as the damages shall be 
assessed by a jury, who shall not take into consideration any ad- 
vantages that may result to said owner on account of the improve- 
ment for which it is taken. 

Sec 19. — Imprisonment for Debt. — No person shall be im- 
prisoned for debt in any civil action, on mesne or final process, un- 
less in case of fraud ; and no person shall be imprisoned for a 
military fine in time of peace. 

Sec 20. — Petition. — The people have the right freely to as- 
semble together to counsel for the common good ; to make known 
their opinions to their representatives, and to petition for a redress 
of grievances. 

Sec 21. — Attainder. — No bill of attainder, ex-post-facto law, 
or law impairing the obligation of contracts, shall ever be passed. 

Sec 22.— Aliens Hold Property.— Foreigners who are, or may 
hereafter become residents of this state, shall enjoy the same 
rights in respect to the possession, enjoyment and descent of prop- 
erty, as native-born citizens. 



IOWA AICD THE NATfON. 65 

Sec. 23. — Slavery. — There shall be no slavery in this state ; 
nor shall there be involuntary servitude, unless for the punish- 
ment of crime. 

Sec. 24.— Reservation.— No lease or grant of agricultural lands, 
reserving any rent or service of any kind, shall be valid for a longer 
period than twenty years. 

Sec. 25. — Adjournment. — The enumeration of rights shall not 
be construed to impair or deny others retained by the people. 

ARTICLE II.— Eight of Suffrage. 

Section 1. — Electors. — Every male citizen of the United 
States, of the age of twenty-one years, who shall have been a resi- 
dent of this state six months next preceding the election, and of 
the county in which he claims his vote, sixty days, shall be en- 
titled to vote at all elections which are now or hereafter may be 
authorized by law. 

Sec. 2. — Privileges. — Electors shall, in all cases except treason, 
felony or breach of the peace, be privileged from arrest on the days 
of election, during their attendance at such elections, going to and 
returning therefrom. 

Sec. 3. — Same. — No elector shall be obliged to perform military 
duty on the day of election, except in time of war or public danger. 

Sec. 4. — "Resident." — No person in the naval, military or 
marine service of the United States shall be considered a resident 
of this state by being stationed in any garrison, barrack, or mili- 
tary or naval place or station within this state. 

Sec. 5. — Exception. — No idiot or insane person, or person con- 
victed of any infamous crime, shall be entitled to the privilege of 
an elector. 

Sec. 6.— Ballot.— All elections by the people shall be by ballot. 

ARTICLE III. — Of the Distribution of Powers. 

Section 1. — Departments of Government. — The powers of the 
government of Iowa shall be divided into three separate depart- 
ments: The legislative, the executive and the judicial; and no 
person charged with the exercise of powers properly belonging to 
one of these departments shall exercise any function appertaining 
to either of the others, except in cases hereinafter expressly di- 
rected or permitted. 
5 



66 IOWA AND THE NATION*. 

LEGISLATIVE DEPARTMENT. 

Section 1. — Authority. — The legislative authority of this state 
shall be vested in a general assembly, which shall consist of a 
senate and house of representatives ; and the style of every law 
shali be : "Be it enacted by the General Assembly of the State of Iowa.'' 

Sec. 2. — Sessions. — The sessions of the general assembly shall 
be biennial, and shall commence on the second Monday in January 
next ensuing the election of its members ; unless the governor of 
the state shall, in the meantime, convene the general assembly by 
proclamation. 

Sec. 3.— Members of House of Representatives.— The members 
of the house of representatives shall be chosen every second year, 
by the qualified electors of their respective districts, on the second 
Tuesday in October, except the years of the presidential election, 
when the election shall be on the Tuesday next after the first 
Monday in November; and their term of office shall commence on 
the first day of January next after their election, and continue two 
years, and until their successors are elected and qualified. 

Sec. 4. — Eligibility. — No person shall be a member of the 
house of representatives who shall not have attained the age of 
twenty-one years, be a male citizen of the L'nited States, and shall 
have been an inhabitant of this state one year next preceding his 
election, and at the time of his election shall have had an actual 
residence of sixty days in the county or district he may have been 
chosen to represent. 

Sec. 5. — Senators. — Senators shall be chosen for the term of 
four years, at the same time and place as representatives ; they 
shall be twenty-five years of age, and possess the qualifications of 
representatives as to residence and citizenship. 

Sec. 6. — Same — Classed. — The number of senators shall not be 
less than one-third nor more than one-half the representative 
body ; and shall be so classified by lot, that one class being as 
nearly one-half as possible, shall be elected every two years. 
When the number of senators is increased, they shall be annexed 
by lot to one or the other of the two classes, so as to keep them as 
nearly equal in numbers as practicable. 

Sec. 7.— Elections Determined.— Each house shall choose its 
own officers, and judge of the qualification, election and return of 



IOWA AND THE NATION. 67 

its own members. A contested election shall be determined in 
such manner as shall be directed by law. 

Sec. 8. — Quorum.— A majority of each house shall constitute 
a quorum to transact business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent mem- 
bers in such manner and under such penalties as each house may 
provide. 

Sec. 9. — Authority of the House. — Each house shall sit upon 
its own adjournments, keep a journal of its proceedings, and pub- 
lish the same ; determine its rules of proceedings, punish members 
for disorderly behavior, and, with the consent of two-thirds, expel 
a member, but not a second time for the same offense ; and shall 
have all other power necessary for a branch of the general assem- 
bly of a free and independent state . 

Sec. 10. — Protest. — Every member of the general assembly 
shall have the liberty of dissent from or protest against any act or 
resolution which he may think injurious to the public or an indi- 
vidual, and have the reasons for his dissent entered on the jour- 
nals; and the yeas and nays of the members of either house, on 
any question, shall at the desire of any two members present, be 
entered on the journals. 

Sec. 11. — Privilege. — Senators and representatives, in all 
cases, except treason, felony, or breach of the peace, shall be privi- 
leged from arrest during the session of the general assembly, and 
in going to and returning from the same. 

Sec 12. — Vacancies. — When vacancies occur in either house, 
the governor, or the persons exercising the functions of governor 
shall issue writs of election to fill such vacancies. 

Sec. 13.— Doors Opeu.— The doors of each house shall be 
open, except on such occasions as, in the opinion of the house, 
may require secrecy. 

Sec. 14. — Adjournment. — Neither house shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which they may be sitting. 

Sec 15.— Bills. — Bills may originate in either house, and may 
be amended, altered or rejected by the other; and every bill hav- 
ing passed both houses, shall be signed by the speaker and presi- 
dent of their respective houses. 



68 IOWA AND THE NATION. 

Sec. 16.— To be Approved, etc.— Every bill which shall have 
passed the general assembly shall, before it becomes a law, be pre- 
sented to the governor. If he approve, he shall sign it ; but if not, 
he shall return it with his objections, to the house in which it 
originated, which shall enter the same upon their journal, and 
proceed to reconsider it ; if, after such reconsideration, it again 
pass both houses, by yeas and nays, by a majority of two-thirds of 
the members of each house, it shall become a law, notwithstanding 
the governor's objections. If any bill shall not be returned within 
three days after it shall have been presented to him (Sunday ex- 
cepted), the same shall be a law in like manner as if he had signed 
it ; unless the general assembly, by adjournment prevent such re- 
turn. Any bill submitted to the governor for his approval during 
the last three days of a session of the general assembly, shall be 
deposited by him in the office of the secretary of state within 
thirty days after the adjournment, with his approval, if approved 
by him, and with his objections if he disapproves thereof. 

Sec. 17. — Same. — No bill shall be passed unless by the assent 
of a majority of all the members elected to each branch of the 
general assembly, and the question upon the final passage shall be 
taken immediately upon its last reading, and the yeas and nays 
entered upon the journal. 

Sec. 18. — Receipts and Expenditures. — An accurate statement 
of the receipts and expenditures of the public money shall be at- 
tached to and published with the laws at every regular session of 
the general assembly. 

Sec. 19. — Impeachment. — The house of representatives shall 
have the sole power of impeachment and all impeachments shall 
be tried by the senate. When sitting for that purpose, the sena- 
tors shall be upon oath or affirmation ; and no person shall be con- 
victed without the concurrence of two-thirds of the members 
present. 

Sec. 20.— Who Liable to Impeachment.— The governor, judges of 
the supreme and district courts, and other state officers, shall be 
liable to impeachment for any misdemeanor or malfeasance in 
office ; but judgment in such cases shall extend only to removal 
from office and disqualification to hold any office of honor, trust, 
or profit under this state ; but the party convicted or acquitted 



IOWA AND THE NATION. by 

shall nevertheless be liable to indictment, trial and punishment 
according to law. All other civil officers shall be tried for misde- 
meanors and malfeasance in office, in such manner as the general 
assembly may provide. 

Sec. 21.— Members Not Appointed to Offices.— No senator or 
representative shall, during the time for which he shall have been 
elected, be appointed to any civil office of profit under this state, 
which shall have been created or the emoluments of which shall 
have been increased during such term, except such offices as may 
be filled by elections by the people. 

Sec. 22. — Disqualification* — No person holding any lucrative 
office under the United States, or this state, or any other power, 
shall be eligible to hold a seat in the general assembly ; but offices 
in the militia, to which there is attached no annual salary, or the 
office of justice of the peace, or postmaster, whose compensation 
does not exceed one hundred dollars per annum, or notary public, 
shall not be deemed lucrative. 

Sec. 23. — Same. — No person who may hereafter be a collector 
or holder of public moneys, shall have a seat in either house of 
the general assembly, or be eligible to hold any office of trust or 
profit in this state, until he shall have accounted for and paid into 
the treasury all sums for which he may be liable. 

Sec. 24. — Money Drawn. — No money shall be drawn from the 
treasury but in consequence of appropriations made by law. 

Sec 25.— Compensation of Members.— Each member of the 
first general assembly under this constitution shall receive three 
dollars per diem while in session ; and the further sum of three 
dollars for every twenty miles traveled in going to and returning 
from the place where such session is held, by the nearest traveled 
route ; after which they shall receive such compensation as shall 
be fixed by law ; but no general assembly shall have the power to 
increase the compensation of its members. And when convened 
in extra session they shall receive the same mileage and per diem 
compensation as fixed by law for the regular session, and none 
other. 

Sec 26.— Laws. — Publication.— No law of the general assem- 
bly passed at a regular session, of a public nature, shall take effect 
until the fourth day of July next after the passage thereof. Laws 



70 IOWA AXD THE NATION. 

passed at a special session shall take effect ninety days after the 
adjournment of the general assembly by which they were passed. 
If the general assembly shall deem any law of immediate import- 
ance, they may provide that the same shall take effect by pub- 
lication in newspapers in the state. 

Sec. 27. — Divorce. — No divorce shall be granted by the gen- 
eral assembly. 

Sec. 28. — Lotteries. — No lottery shall be authorized by this 
state ; nor shall the sale of lottery tickets be allowed. 

Sec. 29.— Acts. — Every act shall embrace but one subject, and 
matters properly connected therewith, which subject shall be ex- 
pressed in the title ; but if any subject shall be embraced in an 
act which shall not be expressed in the title, such act shall be void 
only as to so much thereof as shall not be expressed in the title. 

Sec 30. — Local or Special Laws. — The general assembly shall 
not pass local or special laws in the following cases : 

For the assessment and collection of taxes, for state, county, 
or road purposes ; 

For laying out, opening, and working roads or highways ; 

For changing the names of persons ; 

For the incorporation of cities and towns ; 

For vacating roads, town plats, streets, alleys, or public squares; 

For locating or changing county seats. 

In all cases above enumerated, and in all other cases where a 
general law can be made applicable, all laws shall be general, and 
of uniform operation throughout the state ; and no Law changing 
the boundary lines of any county shall have effect until, upon be- 
ing submitted to the people of the counties affected by the change^ 
at a general election, it shall be approved by a majority of the 
votes in each county, cast for and against it. 

Sec 31. — Extra Compensation. — No extra compensation shall 
be made to any officer, public agent, or contractor, after the service 
shall have been rendered, or the contract entered into; nor shall 
any money be paid on any claim, the subject matter of which 
shall not have been provided for by pre-existing laws, and no pub- 
lic money or property shall be appropriated for local or private 
purposes, unless such appropriation, compensation or claim be al- 



IOWA AND THE NATION. 71 

lowed by two-thirds of the members elected to each branch of the 
general assembly. 

Sec. 32. — Oath of Members. — Members of the general assem- 
bly shall, before they enter upon the duties of their respective 
offices, take and subscribe the following oath or affirmation : "I 
do solemnly swear (or affirm as the case may be) that I will sup- 
port the constitution of the United States, and the constitution of 
the state of Iowa, and that I will faithfully discharge the duties of 
senator (or representative, as the case may be) according to the 
best of my ability;" and members of the general assembly are 
hereby empowered to administer to each other the said oath or 
affirmation. 

Sec. 33. — Census. — The general assembly shall, in the years 
one thousand eight hundred and fifty-nine, one thousand eight 
hundred and sixty-three, one thousand eight hundred and sixty- 
five, one thousand eight hundred and sixty-seven, one thousand 
eight hundred and sixty-nine, one thousand eight hundred and 
seventy-five, and every ten years thereafter, cause an enumeration 
to be made of all the inhabitants of the state. 

Sec. 34. — Apportionment. — The number of senators shall, at 
the next session following each period of making such enumera- 
tion, and the next session following each United States census, be 
fixed by law, and apportioned among the several counties accord- 
ing to the number of inhabitants in each. 

Sec 35. — Districts. — The senate shall not consist of more than 
fifty members, nor the house of representatives of more than one 
hundred ; and they shall be apportioned among the several coun- 
ties and representative districts of the state according to the num- 
ber of inhabitants in each, upon ratios to be fixed by law ; but no 
representative district shall contain more than four organized 
counties, and each district shall be entitled to at least one repre- 
sentative. Every county and district which shall have a number 
of inhabitants equal to one-half of the ratio fixed by law, shall be 
entitled to one representative ; and any one county containing, in 
addition to the ratio fixed by law, one-half of that number, or 
more, shall be entitled to one additional representative. No iloat- 
ing district shall hereafter be formed. 



72 IOWA AND THE NATION. 

Sec. 36. — Rates of Representation. — At its first session under 
this constitution, and at every subsequent regular session, the gen- 
eral assembly shall fix the ratio of representation, and also form 
into representative districts those counties which will not be en- 
titled singly to a representative. 

Sec. 37. — Districts. — When a congressional, senatorial, or rep- 
resentative district shall be composed of two or more counties, it 
shall not be entirely separated by any county belonging to another 
district ; and no county shall be divided in forming a congres- 
sional, senatorial, or representative district. 

Sec 38.— Elections by General Assembly.— In all elections by 
the general assembly, the members thereof shall vote Viva Voce; 
and the votes shall be entered on the journal. 

ARTICLE IV. — Executive Department. 

Section 1. — Governor. — The supreme executive power of this 
state shall be vested in a chief magistrate, who shall be styled the 
governor of the state of Iowa. 

Sec, 2= — Election and Term. — The governor shall be elected 
by the qualified electors at the time and place of voting for mem- 
bers of the general assembly, and shall hold his office two years 
from the time of his installation, and until his successor is elected 
and qualified. 

Sec. 3. — Lieutenant-Governor. — There shall be a lieutenant- 
governor, who shall hold his office two years, and be elected at the 
same time as the governor. In voting for governor and lieutenant- 
governor, the electors shall designate for whom they vote as gov- 
ernor, and for whom *as lieutenant-governor. The returns of 
every election for governor and lieutenant-governor shall be 
sealed up and transmitted to the seat of government of the state, 
directed to the speaker of the house of representatives, who shall 
open and publish them in the presence of both houses of the gen- 
eral assembly. 

Sec. 4.— Returns of Elections.— The persons respectively hav- 
ing the highest number of votes for governor and lieutenant gov- 
ernor shall be declared duly elected ; but in case two or more per- 
sons shall have an equal, and the highest number of votes for 
either office, the general assembly shall, by joint vote, forthwith 



IOWA AND THE NATION. 73 

proceed to elect one of said persons governor, or lieutenant-gov- 
ernor, as the case may be. 

Sec. 5. — Contested Elections. — Contested elections for governor 
or lieutenant-governor shall be determined by the general assem- 
bly in such manner as may be prescribed by law. 

Sec. 6. — Eligibility. — No person shall be eligible to the office 
of governor or lieutenant-governor who shall not have been a citi- 
zen of the United States and a resident of the state two years next 
preceding the election, and attained the age of thirty years at the 
time of said election. 

Sec. 7. — Command. — The governor shall be commander-in- 
chief of the militia, the army and navy of this state. 

Sec. 8. — Duties. — He shall transact all executive business with 
the officers of government, civil and military, and may require in- 
formation in writing from the officers of the executive depart- 
ment upon any subject relating to the duties of their respective 
offices. 

Sec. 9. — Same. — He shall take care that the laws are faithfully 
executed. 

Sec. 10. — Vacancies. — When any office shall, from any cause, 
become vacant, and no mode is provided by the constitution and 
laws for filling such vacancy, the governor shall have power to fill 
such vacancy by granting a commission, which shall expire at the 
end of the next session of the general assembly, or at the next elec- 
tion by the people. 

Sec. 11. — Convening Assembly. — He may, on extraordinary 
occasions, convene the general assembly by proclamation, and shall 
state to both houses, when assembled, the purpose for which they 
shall have been convened. 

Sec. 12. — Message. — He shall communicate, by message, to 
the general assembly, at every regular session, the condition of 
the state, and recommend such matters as he shall deem ex- 
pedient. 

Sec. 13. — Adjournment. — In case of disagreement between the 
two houses with respect to the time of adjournment, the governor 
shall have power to adjourn the general assembly to such time as 
he may think proper ; but no such adjournment shall be beyond 
the time fixed for the regular meeting of the next general as- 
sembly. 



/4 IOWA AND THE NATION. 

Sec. 14. — Disqualification. — No person shall, while holding 
any office under the authority of the United States, or this state, 
execute the office of governor or lieutenant-governor, except as 
hereinafter expressly provided. 

Sec. 15. — Term. — The official term of the governor and lieu- 
tenant-governor shall commence on the second Monday of Janu- 
ary next after their election, and continue for two years, and until 
their successors are elected and qualified. The lieutenant-gov- 
ernor, while acting as governor, shall receive the same pay as pro- 
vided for governor; and while presiding in the senate, shall 
receive as compensation therefor the same mileage and double the 
per diem pay provided for a senator, and none other . 

Sec. 16.— Pardons, Etc. — The governor shall have power to 
grant reprieves, commutations and pardons, after conviction, for 
all offenses except treason and cases of impeachment, subject to 
such regulations as may be provided by law. Upon conviction for 
treason, he shall have power to suspend the execution of the sentence 
until the case shall be reported to the general asssembly at its next 
meeting, when the general assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall have power to remit fines and 
forfeitures, under such regulations as may be prescribed by law ; 
and shall report to the general assembly, at its next meeting, each 
case of reprieve, commutation, or pardon granted, and the reason 
therefor ; and also all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several amounts re- 
mitted. 

Sec. 17.— Lieutenant Act as Governor.— In case of the death, 
impeachment, resignation, removal from office, or other disability 
of the governor, the powers and duties of the office for the residue 
of the term, or until he shall be acquitted, or the disability re- 
moved, shall devolve upon the lieutenant-governor. 

Sec 18. — Further Vacancies Provided For. — The lieutenant- 
governor shall be president of the senate, but shall only vote when 
the senate is equally divided ; and in case of his absence or im- 
peachment, or when he shall exercise the office of governor, the 
senate shall choose a president pro tempore. 



IOWA AND THE NATION. 75 

Sec. 19. — Same. — If the lieutenant-governor, while acting as 
governor, shall be impeached, displaced, resign or die, or otherwise 
become incapable of performing the duties of the office, the presi- 
dent pro tempore of the senate shall act as governor until the va- 
cancy is filled, or the disability is removed ; and if the president 
of the senate, for any of the above causes, shall be rendered incapa- 
ble of performing the duties pertaining to the office of governor, 
the same shall devolve upon the speaker of the house of rep- 
resentatives. 

Sec. 20. — Seal of State. — There shall be a seal cf this state, 
which shall be kept by the governor, and used by him officially, 
and shall be called the great seal of the state of Iowa. 

Sec. 21.— Commissions, Etc. — All grants and commissions shall 
be in the name and by the authority of the people of the state of 
Iowa, sealed with the great seal of the state, signed by the gov- 
ernor, and countersigned by the secretary of state. 

Sec. 22.— Secretary, Auditor and Treasurer. — A secretary of 
state, auditor of state, and treasurer of state, shall be elected by 
the qualified electors, who shall continue in office two years, and 
until their successors are elected and qualified, and perform such 
duties as may be requked by law. 

ARTICLE Y. — Judicial Department. 

Section 1. — Courts. — The judicial power shall be vested in a 
supreme court, district court, and such other courts, inferior to the 
supreme court, as the general assembly may, from time to time, 
establish. 

Sec. 2. — Supreme Court. — The supreme court shall consist of 
three judges, two of whom shall constitute a quorum to hold court. 

Sec. 3. — Judges Elected. — The judges of the supreme court 
shall be elected by the qualified electors of the state, and shall 
hold their court at such time and place as the general assembly may 
prescribe. The judges of the supreme court, so elected, shall 
be classified so that one judge shall go out of office every two 
years ; and the judge holding the shortest term of office, under 
such classification, shall be chief justice of the court during his 
term, and so on in rotation. After the expiration of their terms of 
office, under such classification, the term of each judge of the su- 



76 IOWA AND THE NATION. 

prerne court shall be six years, and until his successor shall have 
been elected and qualified. The judges of the supreme court shall 
be ineligible to any other office in the state during the term for 
which they have been elected. 

Sec. 4. — Jurisdiction. — The supreme court shall have appel- 
late jurisdiction only in cases in chancery, and shall constitute a 
court for the correction of errors at law, under such restrictions as 
the general assembly may by law prescribe ; and shall have power 
to issue all writs and process necessary to secure justice to parties, 
and exercise a supervisory control over all inferior judicial tribun- 
als throughout the state. 

Sec. 5.— District Judges Elected. — The district court shall con- 
sist of a single judge, who shall be elected by the qualified electors 
of the district in which he resides. The judge of the district court 
shall hold his office for the term of four years, and until his suc- 
cessor shall have been elected and qualified ; and shall be ineligi- 
ble to any other office, except that of judge of the supreme court, 
during the term for which he was elected. 

Sec. 6. — Jurisdiction. — The district court shall be a court of 
law and equity, which shall be distinct and separate jurisdictions, 
and have jurisdiction in civil and criminal matters arising in their 
respective districts in such manner as shall be prescribed by law. 

Sec 7. — Conservators of the Peace. — The judges of the supreme 
and district courts shall be conservators of the peace throughout 
the state. 

Sec 8. — Style of Process. — The style of all process shall be, 
" The State of Iowa," and all prosecutions shall be conducted in 
the name and by the authority of the same. 

Sec 9. — Salaries. — The salary of each judge of the supreme 
court shall be two thousand per annum, and that of each district 
judge one thousand six hundred dollars per annum, until the year 
eighteen hundred and sixty ; after which time they shall severally 
receive such compensation as the general assembly may, by law, 
prescribe, which compensation shall not be increased or dimin- 
ished during the term for which they shall have been elected. 

Sec 10.— Judicial Districts. — The state shall be divided into 
eleven judicial districts, and after the year eighteen hundred and 
sixty, the general assembly may reorganize the judicial districts, 



IOWA AND THE NATION. 77 

and increase or diminish the number of districts, or the number 
of judges of the said court, and may increase the number of judges 
of the supreme court ; but such increase or diminution shall not 
be more than one district, or one judge of either court, at any one 
session, and no reorganization of the districts, or diminution of the 
number of judges, shall have the effect of removing a judge from 
office. Such reorganization of the districts, or any change in the 
boundaries thereof, or increase or diminution of the number of 
judges, shall take iplace every four years thereafter, if necessary, 
and at no other time. 

Sec. 11. — When Chosen. — The judges of the supreme and dis- 
trict courts shall be chosen at the general election ; and the term 
of office of each judge shall commence on the first day of Jan- 
uary next after his election. 

Sec. 12. — Attorney-General. — The general assembly shall pro- 
vide by law for the election of an attorney-general by the people, 
whose term of office shall be two years, and until his successor 
shall have been elected and qualified. 

Sec. 13. — Elected; Disqualification.— The qualified electors 
of each judicial district shall, at the time of the election of district 
judge, elect a district attorney, who shall be a resident of the dis- 
trict for which he is elected, and who shall hold his office for the 
term of four years; and until his successor shall have been elected 
and qualified. 

Sec 14.— Duty of General Assembly.— It shall be the duty of 
the general assembly to provide for the carrying into effect of this 
article, and to provide for a general system of practice in all the 
courts of this state. 

ARTICLE VI.— Militia. 

Section 1. — Who Constitute. — The militia of this state shall 
be composed of all able-bodied male citizens between the ages of 
eighteen and forty-five years, except such as are, or may hereafter 
be, exempt by the laws of the United States, or of this state, and 
shall be armed, equipped and trained, as the general assembly 
may provide by law. 

Sec 2. — Qualification. — No person or persons conscientiously 
scrupulous of bearing arms shall be compelled to do military duty 
in time of peace ; Provided, that such person or persons shall pay 



78 IOWA AND THE NATION. 

an equivalent for such exemption in the same manner as other 
citizens. 

Sec. 3. — Officers. — All commissioned officers of the militia 
(staff officers excepted) shall be elected by persons liable to per- 
form military duty, and shall be commissioned by the governor. 

ARTICLE VII.— State Debts. 

Section 1. — Limitation of State Indebtedness. — The credit of 
the state shall not, in any manner, be given or loaned to, or in aid 
of, any individual, association or corporation; and the state shall 
never assume, or become responsible for, the debts or liabilities of 
any individual, association or corporation, unless incurred in time 
of war for the benefit of the state. 

Sec. 2. — Same. — The state may contract debts to supply casual 
deficits or failures in revenues, or to meet expenses not otherwise 
provided for; but the aggregate amount of such debts, direct and 
contingent, whether contracted by virtue of one or more acts of the 
general assembly, or at different periods of time, shall never exceed 
the sum of two hundred and fifty thousand dollars, and the money 
arising from the creation of such debts shall be applied to the pur 
pose for which it was obtained, or to repay the debts so contracted, 
and to no other purpose whatever. 

Sec. 3. — Losses to School Fund Audited. — All losses to the per- 
manent, school, or university fund of this state, which shall have 
been occasioned by the defalcation, mismanagement or fraud of 
the agents or officers controlling and managing the same, shall be 
audited by the proper authorities of the state. The amount so 
audited shall be a permanent fund debt against the state, in favor 
of the respective fund sustaining the loss, upon which not less 
than six per cent, annual interest shall be paid. The amount of 
liability so created shall not be counted as a part of the indebted- 
ness authorized by the second section of this article. 

Sec. 4. — For what Other Purpose State May Contract Debts. 
— In addition to the above limited power to contract debts, the 
state may contract debts to repel invasion, suppress insurrection, 
or defend the state in war ; but the money arising from the debts 
so contracted shall be applied to the purpose for which it 
was raised, or to repay such debts, and to no other purpose 
whatever. 



IOWA AND THE NATION. 79 

Sec. 5.— (a) Other Debts to be Authorized by Special Law. 

— (b) Submitted to the People. — Except the debts hereinbefore 
specified in this article, no debt shall be hereafter contracted by or 
on behalf of this state, unless such debt shall be authorized by- 
some law for some single work or object, to be distinctly specified 
therein; and such law shall impose and provide for the collection 
of a direct annual tax, sufficient to pay the interest on such debt, 
as it falls due, and also to pay and discharge the principal of such 
debt, within twenty years from the time of the contracting 
thereof; but no such law shall take effect until, at a general elec- 
tion, it shall have been submitted to the people and have received 
a majority of all the votes cast for and against it at such election; 
and all money raised by authority of such law, shall be applied 
only to the specific object therein stated, or to the payment of the 
debt created thereby ; and such law shall be published in at least 
one newspaper in each county, if one is published therein, 
throughout the state, for three months preceding the election at 
which it is submitted to the people. 

Sec. 6. — Legislature May Repeal. — The legislature may, at any 
time after the approval of such law by the people, if no debt shall 
have been contracted in pursuance thereof, repeal the same, and 
may at any time forbid the contracting of any further debt or 
liability under such law ; but the tax imposed by such law, in pro- 
portion to the debt or liability which may have been contracted in 
pursuance thereof, shall remain in force and be irrepealable, and be 
annually collected, until the principal and interest are fully paid. 

Sec. 7 — Tax Imposed Distinctly Stated.— Every law which 
imposes, continues, or revives a tax, shall distinctly state the tax 
and the object to which it is to be applied, and it shall not be 
sufficient to refer to any other law to fix such tax or object. 

ARTICLE VIII.— Corporations. 

Section 1. — Corporations, How Created. — No corporation 
shall be created by special laws; but the general assembly shall 
provide, by general laws, for the organization of all corporations 
hereafter to be created, except as hereinafter provided. 

Sec. 2. — Property Taxable. — The property of all corporations 
for pecuniary profit shall be subject to taxation, the same as that 
of individuals. 



80 IOWA AND THE NATION. 

Sec. 3.— State Not to be a Stockholder. — The state shall 
not become a stockholder in any corporation, nor shall it assume 
or pay the debt or liability of any corporation, unless incurred in 
time of war, for the benefit of the state. 

Sec. 4. — Corporation Not to be a Stockholder. — No political 
or municipal corporation shall become a stockholder in any bank- 
ing corporation, directly or indirectly. 

Sec 5.— Act Creating Corporation Submitted to the People. 

— No act of the general assembly, authorizing or creating corpora- 
tions or associations with banking powers, nor amendments 
thereto, shall take effect or in any manner be in force, until the 
same shall have been submitted, separately, to the people, at a 
general or special election, as provided by law, to be held not less 
than three months after the passage of the act, and shall have been 
approved by a majority of all the electors voting for and against 

it at ' uch election. 
fee? 

oec 6. — State Banks. — Subject to the provisions of the fore- 
going section, the general assembly may also provide for the es- 
tablishment of a state bank, with branches. 

Sec. 7.— Founded on Specie Basis.— If a state bank be estab- 
lished, it shall be founded on actual specie basis, and the branches 
shall be mutally responsible for each other's liabilities upon all 
notes, bills, and other issues intended for circulation as money. 

Sec. 8.— General Banking Law to be Proiyded For.— If a 

general banking law shall be enacted, it shall provide for the 
registry and countersigning, by an officer of state, of all bills 
or paper credit designed to circulate as money, and require secu- 
rity to the full amount thereof, to be deposited with the state 
treasurer, in United States stocks, or in interest-paying stocks of 
states in good credit and standing, to be rated at ten per cent 
below their average value in the city of New York, for the thirty 
days next preceding their deposit ; and in case of a depreciation of 
any portion of such stocks, to the amount of ten per cent on the 
dollar, the bank or banks owning said stocks shall be required to 
make up said deficiency by depositing additional stocks ; and said 
law shall also provide for the recording of the names of all stock- 
holders in such corporations, the amount of stock held by each, 
the time of any transfer and to whom. 



IOWA AND THE NATION. 81 

Sec. 9. — Stockholders Responsible.— Every stockholder in a 
banking corporation or institution shall be individually responsi- 
ble and liable to its creditors, over and above the amount of stock 
by him or her held, to an amount equal to his or her respective 
shares so held, for all of its liabilities, accruing while he or she 
remains such stockholder, 

Sec. 10.— Bill Holders to Have Preference.— In case of the 
insolvency of any banking institution, the bill holders shall have 
a preference over its other creditors. 

Sec. 11. — Suspension of Specie Payments. — The suspension 
of specie payments by banking institutions shall never be per- 
mitted or sanctioned. 

Sec. 12.— General Assembly May Amend or Repeal by Two- 
Thirds Vote. — Subject to the provisions of this article, the general 
assembly shall have power to amend or repeal all laws for the 
organization or creation of corporations, or granting of special or 
exclusive privileges or immunities, by a vote of two-thirds of each 
branch of the general assembly ; and no exclusive privileges, ex- 
cept as in this article provided, shall ever be granted. 

ARTICLE IX. — Education and School Lands. 

FIRST — EDUCATION. 

Section 1. — Board of Education. — The educational interest of 
the state, including common schools and other educational insti- 
tutions, shall be under the management of a Board of Education, 
which shall consist of the lieutenant-governor, who shall be the pre- 
siding omcer of the board, and have the casting vote in case of a 
tie, and one member to be elected from each judicial district in 
the state. 

Sec 2. — Who Eligible. — No person shall be eligible as a mem- 
ber of said board who shall not have attained the age of twenty- 
five years, and shall have been one year a citizen of the state. 

Sec. 3. —How Elected; How Divided.— One member of said 
board shall be chosen by the qualified electors of each district, 
and shall hold the office for the term of four years, and until his 
successor is elected and qualified. After the first election under 
this constitution, the board shall be divided, as nearly as practica- 
ble, into two equal classes, and the seats of the first class shall be 
vacated after the expiration of two years, and one-half of the 
board shall be chosen every two years thereafter. 
6 



82 IOWA AND THE NATION. 

Sec. 4. — First Session Held. — The first session of the board 
of education shall be held at the seat of government, on the first 
Monday of December after their election, after which the general 
assembly may fix the time and place of meeting. 

Sec. 5. — Limited to Twenty Days. — The session of the board 
shall be limited to twenty days, and but one session shall be held 
in any one year, except upon extraordinary occasions, when, upon 
the recommendation of two-thirds of the board, the governor may 
order a special session. 

Sec. 6. — Secretary. — The board of education shall appoint a 
secretary w T ho shall be the executive officer of the board, and per- 
form such duties as may be imposed upon him by the board, and 
the laws of the state. They shall keep a journal of their proceed- 
ings, which shall be published and distributed in the same man- 
ner as the journals of the general assembly. 

Sec. 7. — Rules and Regulations of Board. — All rules and reg- 
ulations made by the board shall be published and distributed to 
the several counties, townships, and school districts, as may be 
provided for by the board, and when so made, published, and dis- 
tributed, they shall have the force and effect of law. 

Sec. 8. — Powers: Rules, How Repealed. — The board of educa- 
tion shall have full power and authority to legislate and make all 
needful rules and regulations in relation to common schools and 
other educational institutions that are instituted, to receive aid 
from the school or university fund of this state ; but all acts, rules 
and regulations of said board may be altered, amended, or 
repealed by the general assembly, and when so altered, 
amended, or repealed, they shall not be re-enacted by the 
board of education. 

Sec. 9. — Governor, Ex-Offieio, a Member. — The governor of 
the state shall be, ex-officio, a member of said board. 

Sec. 10. — Contingent. — The board shall have no power to levy 
taxes, or make appropriations of money. Their contingent ex- 
penses shall be provided for by the general assembly. 

Sec. 11. — State University. — The state university shall be 
established at one place without branches at any other place, and 
the university fund shall be applied to that institution and no 
other. 



IOWA AND THE NATION. 83 

Sec. 12. — Board of Education to Provide for Education of 
Youths of the State- — The board of education shall provide for 
the education of all the youths of the state, through a system of 
common schools, and such schools shall be organized and kept in 
each school district at least three months in each year. Any dis- 
trict failing, for two consecutive years, to organize and keep up a 
school, as aforesaid, may be deprived of their portion of the school 
fund. 

Sec. 13. — Compensation. — The members of the board of edu- 
cation shall each receive the same per diem during the time of 
their session, and mileage going to and returning therefrom, as 
members of the general assembly. 

Sec. 14. — Quorum ; Style of Acts. — A majority of the board 
shall constitute a quorum for the transaction of business , but no 
rule, regulation, or law for the government of common schools or 
other educational institutions shall pass without the concurrence 
of a majority of all the members of the board, which shall be ex- 
pressed by the yeas and nays on the final passage. The style of 
all acts of the board shall be : "Be it enacted by the Board of Edu- 
cation of the State of Iowa." 

Sec 15.— When Board May be Abolished.— At any time after 
the year one thousand eight hundred and sixty- three, the general 
assembly shall have power to abolish or reorganize said board of 
education, and provide for the educational interests of the state in 
any other manner that to them shall seem best and proper. 

SECOND — SCHOOL FUNDS AND SCHOOL LANDS. 

Section 1. — Under Control of General Assembly. — The edu- 
cational and school funds and lands shall be under the control and 
management of the general assembly of this state. 

Sec. 2. — Permanent Fund. — The university lands, and the pro- 
ceeds thereof, and all moneys belonging to said fund shall be a per- 
manent fund for the sole use of the state university. The interest 
arising from the same shall be annually appropriated for the sup- 
port and benefit of said university. 

Sec 3.— Lands Appropriated to Educational Porposes.— The 
general assembly shall encourage, by all suitable means, the pro- 
motion of intellectual, scientific, moral, and agricultural improve- 
ment. The proceeds of all lands that have been, or hereafter may 



84 IOWA AND THE NATION. 

be, granted by the United States to this state, for the support of 
schools, which may have been or shall hereafter be sold or disposed 
of, and the five hundred thousand acres of land granted to the new 
states, under an act of congress, distributing the proceeds of the 
public lands among the several states of the Union, approved in 
the year of our Lord one thousand eight hundred and forty-one, 
and all estates of deceased persons who may have died without 
leaving a will or heir, and also such per cent, as has been or may 
hereafter be presented by congress, on the sale of lands in this 
state, shall be and remain a perpetual fund, the interest of which, 
together with all rents of the unsold lands, and such other means 
as the general assembly may provide, shall be inviolably appro- 
priated to the support of common schools throughout the state. 

Sec. 4. — Fines and Forfeitures, How Appropriated. — The 
money which may have been or shall be paid by persons as an 
equivalent from exemption from military duty, and the clear pro- 
ceeds of all fines collected in the several counties for any breach 
of the penal laws, shall be exclusively applied, in the several 
counties in w 7 hich such money is paid, or fine collected, among 
the several school districts of said counties, in proportion to the 
number of youths subject to enumeration in such districts, to the 
support of common schools, or the establishment of libraries, as 
the board of education shall from time to time provide. 

Sec. 5.— Lands Reserved or Granted, or Funds Accruing 
from Sale Thereof, to be a Permanent Fund. —Interest Ap- 
plied. — The general assembly shall take measures for the protec- 
tion, improvement, or other disposition of such lands as have 
been, or may hereafter be, reserved, or granted by the United 
States, or any person or persons, to this state, for the use of the 
university, and the funds accruing from the rents or sale of such 
lands, or from any other source for the purpose aforesaid, shall 
be and remain a permanent fund, the interest of which shall be 
applied to the support of said university, for the promotion of 
literature, the arts and sciences, as may be authorized by the terms 
of such grant; and it shall be the duty of the general assembly, as 
soon as may be, to provide effectual means for the improvement 
and permanent security of the funds of said university. 

Sec 6. — Who Agents of School Funds. — The financial agents 
of the school funds shall be the same that by law receive and con- 



IOWA AND THE NATION. 85 

trol the state and county revenue, for other civil purposes, under 
such regulations as may be provided by law. 

Sec. 7. — Money to be Distributed. — The money subject to the 
support and maintenance of common schools shall be distributed 
to the districts in proportion to the number of youths between the 
ages of five and twenty-one years, in such manner as may be pro- 
vided by the general assembly. 

ARTICLE X. — Amendments to the Constitution. 

Section. 1.— Constitution. — Any amendment or amendments 
to this constitution may be proposed in either house of the gen- 
eral assembly ; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
amendment shall be entered on their journals, with the yeas and 
nays taken thereon, and referred to the legislature to be chosen at 
the next general election, and shall be published, as provided by 
law, for three months previous to the time of making such choice ; 
and if, in the general assembly so next chosen as aforesaid, such 
proposed amendment or amendments shall be agreed to, by a ma- 
jority of all the members elected to each house, then it shall be 
the duty of the general assembly to submit such proposed amend- 
ment or amendments to the people in such manner and at such 
time as the general assembly shall provide ; and if the people shall 
approve and ratify such amendment or amendments by a majority 
of the electors qualified to vote for members of the general assem- 
bly, voting thereon, such amendment or amendments shall 
become a part of the constitution of this state. 

Sec. 2. — More than One<. — If tw T o or more amendments shall 
be submitted at the same time, they shall be submitted in such 
manner that the electors shall vote for or against each of such 
amendments separately. 

Sec. 3. — Convention. — At the general election to be held in the 
year one thousand eight hundred and seventy, and in each tenth 
year thereafter, and also at such times as the general assembly may 
by law provide, the question, " Shall there be a Convention to 
revise the Constitution and amend the same?" shall be decided by 
the electors qualified to vote for members of the general assembly; 
and in case a majority of the electors so qualified, voting at such 
election for and against such proposition, shall decide in favor 
of a convention for such purpose, the general assembly, at its next 



86 IOWA AND THE NATION. 

session, shall provide by law for the election of delegates to such 
convention. 

AETICLE XI.— Miscellaneous. 

Section 1.— Jurisdiction of Justice of the Peace.— The juris- 
diction of justices of the peace shall extend to all civil cases (except 
cases in chancery, and cases where the question of title to real 
estate may arise) where the amount in controversy does not exceed 
one hundred dollars, and by the consent of parties may be ex- 
tended to any amount not exceeding three hundred dollars. 

Sec 2. — Counties. — No new county shall be hereafter created 
containing less than four hundred and thirty-two square miles, 
nor shall the territory of any organized county be reduced below 
that area, except the county of Worth, and the counties west of 
it. along the northern boundary of this state, may be organized 
without additional territory. 

Sec. 3.— To What Amount Counties May Become Indebted.— 

No county, or other political or municipal corporation, shall be 
allowed to become indebted, in any manner or for any purpose, to 
an amount, in the aggregate, exceeding five per centum of the value 
of the taxable property within such county or corporation — to be 
ascertained by the last state and county tax lists, previous to the 
incurring of such indebtedness. 

Sec 4. — Boundaries. — The boundaries of this state may be en- 
larged, with the consent of congress and the general assembly. 

Sec 5. — Oath of Office. — Every person elected or appointed to 
any office, shall, before entering upon the duties thereof, take an 
oath or affirmation to support the constitution of the United 
States, and of this state, and also an oath of office. 

Sec 6. — How Vacancies Filled.— In all cases of elections to fill 
vacancies in office occurring before the expiration of a full term, 
the person so elected shall hold for the residue of the unexpired 
term ; and all persons appointed to fill vacancies in office shall hold 
until the next general election, and until their successors are 
elected and qualified; 

Sec 7.— How Lands Granted May be Located.— The general 
assembly shall not locate any of the public lands which have been 
or may be granted by congress to this state, and the loca 
tion of which may be given to the general assembly, upon lands 



IOWA AND THE NATION. 87 

actually settled, without the consent of the occupant. The extent 
of the claim of such occupant so exempted shall not exceed three 
hundred and twenty acres. 

Sec. 8. — Seat of Government. — The seat of government is 
hereby permanently established, as now fixed by law, at the city 
of Des Moines, in the county of Polk ; and the state university at 
Iowa City, in the county of Johnson. 

ARTICLE XII.— Schedule. 

Section 1. — Supreme Court of the State.— The constitution 
shall be the supreme law of the state, and any law inconsistent 
therewith shall be void. The general assembly shall pass all laws 
necessary to carry this constitution into effect. 

Sec 2.— Laws in Force. — All laws now in force and not incon- 
sistent with this constitution, shall remain in force until they shall 
expire or be repealed. 

Sec. 3.— Legal Precess Not Affected.— All indictments, prose- 
cutions, suits, pleas, plaints, process, and other proceedings pend- 
ing in any of the courts, shall be prosecuted to final judgment and 
execution ; and all appeals, writs of error, certiorari and injunc- 
tions, shall be carried on in the several courts, in the same manner 
as now provided by law, and all offenses, misdemeanors and 
crimes that may have been committed before the taking effect of 
this constitution, shall be subject to indictment, trial and punish- 
ment, in the same manner as they would have been had not this 
constitution been made. 

Sec 4.— Fines, Etc., Inure to the State.— All fines, penalties, 
or forfeitures due, or to become due, or accruing to the state, or to 
any county therein, or to the school fund, shall inure to the state, 
county, or school fund in the manner prescribed by law. 

Sec 5. — Bonds in Force. — All bonds executed to the state, or 
to any officer in his official capacity, shall remain in force and 
inure to the use of those concerned. 

Sec 6.— First Election. — Governor and Lieutenant-Gov- 
ernor. — The election under this constitution shall be held on the 
socond Tuesday in October, in the year one thousand eight hun- 
dred and fifty-seven, at which time the electors of the state shall 
elect the governor and lieutenant-governor. There shall also be 
elected at such election the successors of such state senators as 



88 IOWA AND THE NATION. 

were elected at the August election, in the year one thousand 
eight hundred and fifty-four, and members of the house of repre- 
sentatives, who shall be elected in accordance with the act of ap- 
portionment, enacted at the session of the general assembly which 
commenced on the first Monday of December, one thousand eight 
hundred and fifty-six. 

Sec. 7.— Same: Secretary, Auditor, Etc.— The first election 
for secretary, auditor, and treasurer of state, attorney-general, dis- 
trict judges, members of the board of education, district attorneys, 
members of congress, and such state ofiicers as shall be elected at 
the April election in the year one thousand eight hundred and 
fifty-seven (except the superintendent of public instruction), and 
such county ofiicers as were elected at the August election in the 
year one thousand eight hundred and fifty-six, except prosecuting 
attorneys, shall be held on the second Tuesday of October, one 
thousand eight hundred and fifty-eight : Provided, that the time 
for which any district judge or other state or county officer elected at 
the April election in the year one thousand eight hundred and 
fifty-eight, shall not extend beyond the time fixed for filling like 
offices at the October election, in the year one thousand eight 
hundred and fifty-eight. 

Sec. 8.— Same: Judges of Supreme Court.— The first election 
for judges of the supreme court, and such county officers as shall 
be elected at the August election, in the year one thousand eight 
hundred and fifty-seven, shall be held on the second Tuesday of 
October, in the year one thousand eight hundred and fifty-nine. 

Sec. 9.— First Session, General Assembly.— The first regular 
session of the general assembly shall be held in the year one 
thousand eight hundred and fifty-eight, commencing on the sec- 
ond Monduy of January of said year. 

Sec. 10.— Senators. — Senators elected at the August election, 
in the year one thousand eight hundred and fifty-six, shall con- 
tinue in office until the second Tuesday of October, in the year 
one thousand eight hundred and fifty-nine, at which time their 
successor shall be elected as may be prescribed by law. 

Sec 11. — Offices Not Vacated by New Constitution. — Every 

person elected by popular vote, by a vote of the general assembly, 
or who may hold office by executive appointment, which office is 



IOWA AND THE NATION. 89 

continued by this constitution, and every person who shall be so 
elected or appointed to any such office, before the taking effect of 
this constitution (except as in this constitution otherwise pro- 
vided), shall continue in office until the term for which such per- 
son has been or may be elected or appointed shall expire ; but no 
such person shall continue in office after the taking effect of this 
constitution, for a longer period than the term of such office in this 
constitution prescribed. 

Sec. 12.— State to be Districted.— The general assembly, at 
the first session under this constitution, shall district the state 
into eleven judicial districts, for district court purposes ; and 
shall also provide for the apportionment of the members of 
the general assembly in accordance with the provisions of this 
constitution. 

Sec. 13.— Constitution to be Voted for August, 1850.— This 
constitution shall be submitted to the electors of the state at the 
August election, in the year one thousand eight hundred and fifty - 
seven, in the several election districts in this state. The ballots at 
such election shall be written or printed, as follows : Those in 
favor of the constitution, "New Constitution — Yes." Those against 
the constitution, "New Constitution — No." The election shall be 
conducted in the same manner as the general elections of the 
state, and the poll-books shall be returned and canvassed as pro- 
vided in the twenty-fifth chapter of the code, and abstracts shall 
be forwarded to the secretary of state, which abstracts shall be 
canvassed in the manner provided for the canvass of state officers ; 
and if it shall appear that a majority of all the votes cast at such 
election for and against this constitution are in favor of the same, 
the governor shall immediately issue his proclamation stating that 
fact, and such constitution shall be the constitution of the state of 
Iowa, and shall take effect from and after the publication of said 
proclamation. 

Sec. 14.— Proposition to Strike Out the Word "White."— At 

the same election at which this constitution is submitted to the 
people for its adoption or rejection, a proposition to amend the 
same by striking out the word "white" from the article on the 
"Right of Suffrage," shall be separately submitted to the electors 
of this state for adoption or rejection, in the manner following, 
viz.: A separate ballot may be given by every person having a 



90 



IOWA AND THE NATION. 



right to vote at said election, to be deposited in a separate box. 
And those given for the adoption of such proposition shall have 
the words, "Shall the word 'white' be stricken out of the article on 
the 'Right of Suffrage?' Yes." And those given against the 
proposition shall have the words, "Shall the word 'white' be 
stricken out of the article on the 'Right of Suffrage?' No." And 
if at said election the number of ballots cast in favor of said propo- 
sition shall be equal to a majority of those cast for and against this 
constitution, then said word "white" shall be stricken from said 
article and be no part thereof. 

Sec. 15. — Mills County. — Until otherwise directed by law, the 
county of Mills shall be in and a part of the sixth judicial district 
of this state. 
Done in convention at Iowa City, this fifth of day of March, in the 

year of our Lord one thousand eight hundred and fifty-seven, 

and of the Independence of the United States of America the 

eighty-first. 

SIGNERS : 

W. W. Robinson, 



Timothy Day, 
S. G. Winchester, 
David Bunker, 
D. P. Palmer, 
Geo. W. Ells, 
J. C. Hall, 
John H. Peters, 
Wm. H. Warren, 
H. W. Gray, 

ROBT. GOWER, 

H. D. Gibson, 
Thomas Seeley, 
A. H. Marvin, 
J. H. Emerson, 
R. L. B. Clarke, 
James A. Young, 
D. H. Solomon, 
Attest : 

Th. J. Saunders, Sec'y. 

E. N. Bates, Assistant Sec'y. 



Lewis Todhunter, 
John Edwards, 
J. C. Traer, 
James F. Wilson, 
Amos Harris, 
Jno. T. Clarke, 
S. Ayres, 
Harvey J. Skiff, 
J. A. Parvin, 
W. Penn Clark, 
Jere Hollingsworth, 
Wm. Patterson, 
D. W. Price, 
Alpheas Scott, 
Geo. Gillaspy, 
Edward Johnston, 

Francis Springer, Pres. 



IOWA AND THE NATION. Ol 



CHAPTER XII. 
STATE GOVERNMENT. 

Nature Of Constitution. — Before discussing the 
departments of government, it will be well to learn some- 
thing of the nature of a constitution, as well as of the 
history of the constitution of our own state. The con- 
stitution of a state is often called its fundamental law, be- 
cause all laws passed by the general assembly must be 
based upon it, and no valid law can be passed in violation 
of its provisions. It is in the nature of a contract between 
the state and the people, whereby the powers of the former 
are defined, and the rights of the latter maintained. 

Old Constitution. — The constitution, adopted by 
the people of Iowa just before the state was admitted into 
the Union, is known as the old constitution. Some of its 
provisions proved to be unsatisfactory, and, in the early 
part of 1857, a convention met at Iowa City, and drafted 
the present constitution of the state. The work of this 
convention was completed in March of that year. Several 
of its members have since held important positions in state 
and nation. 

New Constitution. — By its own terms, this draft of 
a constitution was submitted to the electors of the state at 
an election held in August, 1857. A majority of the votes 
cast at that time were in favor of its adoption, and the 



92 IOWA AND THE NATION. 

governor immediately issued a proclamation declaring this 
new constitution to be the supreme law of Iowa. 

Preamble. — The preamble, or introduction to the 
constitution, is as follows : < ' We, the People of the State of 
Iowa, grateful to the Supreme Being for the blessings hither- 
to enjoyed, and feeling our dependence on Him for a con- 
tinuation of those blessings, do ordain and establish a free 
and independent government, by the name of The State of 
Iowa, the boundaries whereof shall be as follows:" (For 
boundaries, see Constitution.) The preamble is not a part 
of the constitution, but is designed to show the reason for 
its establishment. 

ARTICLE I.— Bill of Rights. 

Rights of Persons. — Section one of the first article 
of the constitution defines the civil rights of the inhabi- 
tants of the state. It declares that all men are, by nature, 
free and equal, and that they are endowed with certain in- 
alienable rights. The rights enumerated are those of en- 
joying and defending life and liberty, of acquiring, possess- 
ing, and protecting property, and of pursuing and ob- 
taining safety and happiness. These rights of the people 
are recognized by all free governments, and must be, in the 
very nature of things. They are called inalienable rights, 
because they cannot be taken away so long as the govern- 
ment exists. 

Political Power. — The second section declares all 
political power to be vested in the people of the state. 
Government is instituted for the good of the people, and 
they have the right to alter or reform the same, whenever 



IOWA AND THE NATION. 93 

the public good may require it. The essence of all free 
government is contained in the immortal words of Abraham 
Lincoln, < 'A government of the people, by the people, and 
for the people. ' ' 

Religion. — Section three prohibits the legislature from 
passing any law to establish uniformity of religion, or to 
restrict the religious liberty of the people. It forbids the 
laying of tithes, taxes, or other rates for building places 
of worship, or maintaining the ministry. The religious 
freedom, sought by so many of the early settlers of our 
country, is guaranteed to all persons within the borders of 
Iowa. 

Religious Test. — Section four forbids the require- 
ment of any religious test as a qualification for any office 
of public trust, and declares that no person shall be deprived 
of any rights, privileges, or capacities on account of his 
opinions on religious matters. This is in accordance with 
the spirit of the constitution of the United States, upon 
which the state constitution is based. This section also 
provides that parties to any suits at law are competent to 
serve as witnesses in such suits. 

Dueling". — Section five declares any citizen of the 
state who shall engage in a duel, either as principal or 
accessory, to be forever disqualified from holding any office 
under the constitution and laws of the state. This shows 
the growth in sentiment with regard to the practice of duel- 
ing. Hamilton, Burr, Jackson, Clay, and many other 
prominent men in the early history of our government, 
resorted to this barbarous way of settling their ' 'affairs of 
honor." 



94 IOWA AND THE NATION. 

Laws Uniform. — By section six, the general assem- 
bly is forbidden to grant any citizen, or class of citizens, 
privileges or immunities, which shall not apply to all other 
persons, under the same circumstances. All laws of a 
general nature must be uniform in their operation. It is a 
fundamental principle of all free government that there shall 
be no privileged classes. 

Liberty Of Speech. — The next section gives every 
person the right to speak, write, and publish his sentiments 
on any and all subjects. By its provisions, no law can be 
passed to restrict liberty of speech or of the press, but any 
person is liable to prosecution for the abuse of this right. 
In all prosecutions for libel, if it can be proved that the 
matter charged as libelous is true, the person accused shall 
be acquitted. Article one of the amendments to the consti- 
tution of the United States insures the same freedom to all 
the people of the United States. 

Section eight of this article is a verbatim reprint of the 
fourth article of amendment to the constitution of the 
United States. 

Jury. — Section nine provides for maintaining inviolate 
the right of trial by jury, but authorizes the general as- 
sembly to establish a jury of a less number than twelve 
men in inferior courts. Another provision is, that no per- 
son shall be deprived of life, liberty, or property, without 
due process of law. In accordance with the latter part of 
the first clause, the jury in a justice court is composed of 
six men. 

Criminal Cases. — Section ten refers to the method of 
procedure in criminal cases, and is, in substance, the same 



IOWA AND THE NATION. 95 

as article six of the amendments to the constitution of the 
United States. 

Same. — Section eleven establishes the mode of proced- 
ure in all criminal cases less than felony, in which the pun- 
ishment does not exceed a fine of one hundred dollars, or im 
prisonment for more than thirty days. All such cases are 
to be tried without indictment, before a justice of the peace, 
or other officer authorized by law. The accused has the 
right to appeal from the decision of the justice to the dis- 
trict court. 

Indictment. — In all other criminal offenses, an indict- 
ment must be brought against the person suspected of hav- 
ing committed the crime, before he can be held to answer 
for the crime of which he is accused. There is an exceptiou 
to this in cases arising in the army or navy, or in the 
militia, when in actual service, in time of war or public dan- 
ger. Violators of military law are tried by a court martial, 
consisting of from three to thirteen members, according to 
the nature of the crime and the rank of the offender. 

Twice Tried. — Section twelve provides that after a 
person has been acquitted by a court of competent jurisdic- 
tion, he cannot be tried again for the same offense. A per- 
son charged with the perpetration of a minor crime, is en- 
titled to his liberty before conviction, upon giving bonds 
signed by responsible parties that he will present himself, 
at the appointed time, for trial. Such bonds are called bail, 
and are usually of twice the amount of the highest money 
penalty, or fine, that can be attached to the crime. 

If the person, thus set at liberty, fails to ap- 
pear for trial, the amount of the bond, or so much thereof 
as may be demanded by the court, is forfeited to the school- 



IOWA AND THE NATION', 



fund of the county, and becomes a part of the semi-annual 
apportionment for the support of schools. Bail is not usu- 
ally accepted from persons charged with having committed 
capital crimes, when the proof is evident or the presumption 
great. A capital offense is one to which the death penalty 
may be attached. 

Habeas Corpus. — Section thirteen secures to all the 
right to a writ of habeas corpus, when application is made 
according to law. This right can be suspended and the 
writ refused, only in case of rebellion or invasion, or when 
the public safety may require it. The writ of habeas cor- 
pus has been called "The great writ of personal liberty." 

It is issued by the judge of the court having jurisdic- 
tion of the crime, and cannot be refused when proper appli- 
cation is made by the accused under oath, unless, in case of 
rebellion or invasion, the public safety may require it. 
This writ had its origin in England in the "Magna Charta" 
of King John, granted in the year 1215. Our forefathers 
esteemed this to be one of their grandest privileges, and it 
has always been recognized as an inherent right of all citi- 
zens of the United States. 

Military. — The fourteenth section places the military 
subordinate to the civil power. It declares that no stand- 
ing army shall be kept up in the state, in time of peace, 
and. in time of war, that no appropriation for a standing 
army shall be for a longer period than two years. The next 
section forbids the quartering of troops in any house, in 
time of peace, without the consent of its owner, and, in 
time of war, except in the manner prescribed by law. 

Treason. — Section sixteen defines treason against the 
state to consist in levying war against it, adhering to its en- 



IOWA AND THE NATION. 97 

emies, or giving them aid and comfort. This is virtually 
the definition given of treason in the constitution of the 
United States. It is also provided, that no person shall 
be convicted of treason except upon the evidence of two 
witnesses to the same act, or upon confession in open 
court. 

Excessive BaiL — Section seventeen provides that any 
bail required shall not be excessive ; that is, beyond the na- 
ture of the crime for which it is taken. The imposing of 
excessive fines, and the infliction of cruel and unusual pun- 
ishments are expressly forbidden. 

Property Condemned. — The next section declares 
that private property shall not be taken for the use of the 
public without just compensation to the owner. The dam- 
ages resulting from the appropriation of private property 
for public purposes, shall be assessed by a jury, but no 
benefit that the owner of the property would receive from 
the improvements for which it is taken, can be considered 
in rendering the decision for damages. Every one is enti- 
tled to the use of his property to the exclusion of all other 
private citizens, but sometimes it becomes necessary to sac- 
rifice private rights for the public weal. 

Imprisonment for Debt. — Imprisonment for debt, 
in any civil process, exeept in case of fraud, is forbidden 
by the nineteenth section, and no person can be imprisoned 
for a military fine, in time of peace. So long as the Eng- 
lish common law was in operation in this country, imprison- 
ment for debt was common, but now it is usually forbidden 
by constitution or statute in all the states. If the action of 
the debtor is such that it is reasonable to suppose that he 
intends to avoid the payment of his debts by concealing his 



98 IOWA AND THE NATION. 

property, or removing it from the state, the provisions of 
this section will not apply. In Scotland, at the present 
time, a person may be imprisoned for a debt of forty dol- 
lars or more. Whittier's poem, "The Prisoner for Debt, " 
graphically portrays the condition of persons confined for 
debt 

Right to Assemble. — Section twenty insures to the 
people some of their clearest rights, among which is that of 
assembling to counsel for the common good. The rope- 
makers of Boston held such meetings to devise means for 
resisting the British soldiery. The modern word caucus is 
said to be a corruption of caulkers, a term often applied to 
rope-makers. The right of making known their opinions to 
their representatives, and that of petitioning for a redress 
of grievances, are also guaranteed. 

Bill Of Attainder. — The language of the twenty-first 
section is as follows : ' 'No bill of attainder, ex-post-f acto 
law, or law impairing the obligation of contracts, shall ever 
be passed." A bill of attainder is a legislative act inflict- 
ing the penalty of death, without trial, upon persons sup- 
posed to be guilty of high crimes. In former times, the 
parliament of Great Britain passed laws of this kind, often 
for the purpose of reaching persons in high places who could 
not be gotten rid of by ordinary process of law. 

Ex-Post-Faeto Law. — An ex-post-facto law is one 
that is passed after the commission of an act by which the 
act may be punished as a crime. It would seem that the 
prohibition of ex-post-facto laws would make the latter part 
of this section unnecessary. Ex-post-facto laws apply to 
criminal and penal statutes, but not to those that affect 
property only. Hence, we may say that this part of the 



IOWA AND THE NATION. 99 

section prohibits ex-post-facto laws in the interests of 
contracts. 

Rights Of Aliens.— Section twenty -two grants to all 
foreigners residing in the state, the same rights in respect 
to the possession, enjoyment, and descent of property, as 
native-born citizens. 

Slavery. — The twenty -third section prohibits slavery, 
and declares that there shall be no involuntary servitude in 
Iowa, except for the punishment of crime. 

Lease Of Farm Lands. — The twenty -fourth section 
limits leases of agricultural lands from which rent or 
service of any kind is reserved, to a period not exceed- 
ing twenty years. 

Rights Reserved. — The twenty-fifth- section is a fit- 
ting one with which to close this Bill of Eights. Its 
language is, ' 'The enumeration of rights shall not be con- 
strued to impair or deny others, retained by the people." 
Liberty, civil and religious, is insured to all within the 
borders of the state, and, as if this were not enough, any 
other privileges that may be enjoyed, are reserved to the 
people. Surely our government rests on a foundation 
broad and deep, 



100 IOWA AND THE NATION. 



CHAPTER XIII. 
ARTICLE II.— Right of Suffrage. 

Right to Vote. — The constitution of every free govern- 
ment designates those persons who have the right to vote. 
With us, all political power is inherent in the people. This 
power is sometimes called the elective franchise, and it con- 
sists in the right to vote for public officers and measures pro- 
posed for the common good. It is customary in the United 
States to restrict this right to male citizens, at least twenty- 
one years of age. Persons under that age are thought to be 
too young to know how to vote properly upon questions of 
public importance, but, at best, the rule is an arbitrary one. 
Some standard must be adopted, and perhaps the one in use 
is as good as any that could be devised. 

Qualifications Of Voters.— The lowest, or mini- 
mum, age at which persons may vote is the same in all the 
states, but aside from that there is no uniformity. Few of 
the states agree in all points relating to the qualifications 
of voters. Wyoming and Colorado allow women to vote at 
all elections, and several other states give them the right to 
vote on school and municipal matters. All of the states 
bordering on Iowa, with the exception of Illinois, allow 
aliens, who have declared their intention to become citizens 
of the United States, to vote at all elections, provided they 
have the qualifications as to age, sex, residence, etc., as 
provided by the state constitution. 



IOWA AND THE NATION. 101 

Residence. — Some of the states require two years' 
residence within the state as a qualification for voting, and 
at least two states lower this qualification to three months' 
residence. The residence in the county required of 
voters varies from no time specified to a residence of one 
year, and the same variation occurs with reference to resi- 
dence in the voting precinct. In several of the states, vot- 
ers are required to register their names and places of resi- 
dence at a specified time before the election, and failing in 
this, they are deprived of the right to vote at that election. 

Other Qualifications. — Some of the states require a 
property qualification of electors — that is, before a person, 
otherwise legally qualified, can vote, he must prove that he 
owns a certain amount of property, or pays taxes or rent of 
a specified sum. Several state constitutions provide that 
"Indians, who have renounced their tribal relations and 
who have donned the habiliments of civilization, may vote 
at any election now or hereafter authorized by law. " Sev- 
eral of the states require educational qualifications of elect- 
ors, while others have no such restriction, and some do not 
even require citizenship of the United States as a qualifica- 
tion for voting. 

Privileges. — All electors who are not accused of 
treason, felony, or breach of the peace, are privileged from 
arrest on election day, while attending the election, or 
going to or returning from the same. No elector is obliged 
to perform military duty on the day of election, except in 
time of war or public danger. Persons engaged in the mil- 
itary, naval, or marine service of the United States do not 
gain a residence in the state by being stationed here in the 
discharge of their duties. 



102 IOWA AND THE NATION. 

Exceptions. — Idiots and insane persons are prohibited 
from exercising the right of suffrage because they cannot 
do so understandingly. The only qualified electors who 
are denied this privilege, are those who have been convicted 
of some infamous crime. It would not be wise to allow 
criminals a voice in making the laws. 

Ballot Reform. — The right of electors to vote as they 
choose is established by the last clause, which declares that 
all elections by the people shall be by ballot. To correct 
certain abuses in the method of voting by ballot, the gen- 
eral assembly, in 1892, passed a law providing for a secret 
ballot, known as the i 'Australian Ballot. ' ' Although not a 
part of the constitution, this law is a very valuable one, 
and a brief history of the plan, as well as the prominent 
features of the Iowa law relating to this manner of voting, 
will now be given. 

Belgian Ballot. — This method of voting had its ori- 
gin in New South Wales, Australia, in 1857. Fifteen years 
later, it was adopted in England, and afterwards by Canada. 
Within the past six years, nearly every state in the Union 
has adopted a secret ballot based upon the Australian plan. 
The Iowa law is based upon a plan used in Belgium, and 
should properly be called the < 'Belgian Ballot. " By the 
former plan, the candidates are classified by offices, while 
by the latter, the are grouped according to political 
parties. 

Old Plan. — Up to the time that this law went into ef- 
fect, election ballots were printed by political parties or by 
the candidates for office, This plan was an expensive one, 
and there were many abuses connected with it. The secret 
ballot now in use makes it impossible for a corrupt politi- 



IOWA AND THE NATION. 103 

cian who wishes to buy votes to be sure that the voter has 
cast the ballot as agreed upon. 

Nomination of Candidates. — Candidates for the 
various offices to be filled are put in nomination by conven- 
tions of delegates. Candidates for state officers are nomi- 
nated in a state convention composed of delegates from 
each of the counties. Candidates for district offices are 
named by delegates from the counties in the district, and 
for county officers b} T a county convention composed of del- 
egates chosen from each of the townships of the county. 
Candidates for township offices are nominated by each polit- 
ical party in a township meeting called a caucus. 

Ballots. — There are as many state, district, and 
county conventions held as there are political parties. The 
names of all the candidates for all the offices to be filled 
are printed together on sheets called "blanket" ballots. 
The names of the candidates are arranged in columns with 
the name of each political party at the head of the proper 
column. 

Ballots Furnished. — The ballots are prepared and 
printed under the direction of the county auditor, and every 
ballot printed must be accounted for. The ballots are 
printed at the expense of the county, and as many as are 
likely to be needed are furnished the judges of election at 
each voting precinct. 

Marking* Ballots. — On the day of election, the voters 
assemble to cast their ballots. A voter approaches the 
table about which the judges of election are seated, an- 
nounces his name and asks for a ballot. In cities of two 
thousand inhabitants and upwards, voters are required to 



104 



IOWA AND THE NATION. 






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IOWA AND THE NATION. 105 

register their names and residences a certain number of 
days preceding the election, or forfeit the right to vote. 
In case registration is required, the voter's name must be 
checked on the registration book before he will be given a 
ballot. One of the judges takes a folded ballot and writes 
his initials upon the back. The voter then takes the ballot, 
passes into a booth, and prepares his ballot secretly. 

Ballots. — At the head of each column is a circle, and 
there is a square place in front of the name of each candi- 
date. If the voter wishes to vote a straight ticket, he 
makes a cross (X) in the circle at the head of the column 
which contains the names of the candidates of his political 
party. If he wishes to scratch the ticket — that is, 
vote for candidates belonging to different parties — he puts 
the cross in the squares in front of the names of the can- 
didates for whom he wishes to vote. The marking must 
be done so as to show his preference for one candidate for 
each office. 

Voting. — Having marked his ballot, he folds it so as 
to show the initials of the judge of election who marked 
it, passes out of the booth, and hands the ballot to one of 
the judges of election, at the same time announcing his 
name, so that it may be recorded by the clerks of election. 
If a ballot is soiled, or found to be defective, the voter 
must return it to the judges of election and get another. 
He will not be permitted to take a ballot away with him. 
Blind voters, and those who cannot read, may have assist- 
ance in marking their ballots. 



106 IOWA AND THE NATION. 



CHAPTER XIV. 
ARTICLE III. — Distribution of Posters. 

Branches of Government. — Government, both state 
and national, is diyided into three branches: — legislative, 
executive, and judicial. It is intended that each branch 
shall be independent of the others, but this is not always 
possible. Each state in the Union has a constitution which 
provides for these three branches and defines the powers of 
each. The legislate branch is also called the law-making 
power ; the executive branch, the law-enforcing power, and 
the judicial branch, the law-interpreting power. 

Legislative Branch. — The legislative branch of gov- 
ernment in Iowa is called the general assembly, or state 
legislature, which consists of a senate and a house of rep- 
resentatives. The style, or heading, of every law passed by 
the general assembly is: "Be it enacted by the General As- 
sembly of the State of Iowa. " The sessions are biennial 
and are designated by number. The session to be held in 
1896 will be the meeting of the Twenty-Sixth general 
assembly. 

House of Representatives. 

Qualifications. — The house of representatives, or 
lower house, as it is sometimes called, is composed of mem- 
bers chosen every second year by the qualified voters of their 
respective districts. A representative must be a male citizen 



IOWA AND THE NATION. 107 

of the United States, at least twenty-one years of age. He 
must have been an inhabitant of the state of Iowa one year 
next preceding his election, and, at the time of his election, 
must have had an actual residence of sixty days in the coun- 
ty or district he is chosen to represent. 

Number Of Members. — The house of representa- 
tives now consists of one hundred members, the largest num- 
ber possible under the constitution. The number of repre- 
sentative districts is ninety-one, and the ratio of represen- 
tation is one representative for every twenty-two thousand 
inhabitants or fraction thereof more than one-half in the dis- 
trict. As the population of the state increases, it becomes 
necessary to increase the ratio of representation. This 
may be done at any regular session of the general assembly. 
No representative district can contain more than four 
counties, and each district is entitled to at least one 
representative. 

Additional Representation. — Every county or dis- 
trict having a number of inhabitants equal to one-half of 
the ratio of representation is entitled to one representative, 
and a county or district having a population equal to one 
and one-half times the ratio of representation is entitled to 
one additional representative. By this provision, there is a 
gain of nine members in the ninety-one districts of the 
state. 

Census. — Section 33, of Article III, of the constitu- 
tion, says: "The general assembly shall, in the years 
1859, 1863, 1865, 1867, 1869, 1875, and every ten years 
thereafter, cause an enumeration to be made of all the in- 
habitants of the state." These enumerations, together with 
the United States census, taken in the last year of each reg- 



108 IOtt'A AND THE NATION. 

ular decade, enable the general assembly to apportion the 
senators and representatives among the several districts. 

Election. — The members of the house of representa- 
tives are chosen at the general election, held on the Tues- 
day next after the first Monday in November of each odd- 
numbered year. In some of the states, the meetings of the 
legislature are held every year, and the members in such 
instances are elected annually. 

Qualification Of Voters. — It will be seen by section 
one of the second article of the constitution, that every male 
citizen of the United States, twenty-one years of age, or over, 
who has been a resident of the state six months, and of the 
county in which he claims his vote, sixty days next preced- 
ing the election, is duly qualified to vote at any election 
held in this state. These are the only qualifications required 
of voters for members of the general assembly. Sections 
four and five of the same article contain the only exceptions 
to the above qualifications. 

Citizenship. — The term citizen is often improperly 
restricted to those persons who have the right of suffrage. 
Many voters in the United States are not citizens, and. in all 
the states, many citizens are not voters. The fourteenth 
amendment to the United States constitution says: ••All 
persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United 
States and of tne state wherein they reside. " In some states, 
foreigners acquire the right to vote at all state elections up- 
on taking out the first naturalization papers. That is not 
the case in Iowa, however. Here a foreigner must have 
completed the process of naturalization before voting at any 
election. 



IOWA AND THE NATION. 109 

Vacancies. — When vacancies occur in either house, 
it is the duty of the governor, or acting executive officer, 
to issue writs of election to fill such vacancies. 

Powers. — The house of representatives has the same 
power as the senate in general law-making. Bills may- 
originate in either house, and may be amended, altered, 
or rejected by the other. The power to impeach state 
officers is vested in the house of representatives, but 
the trial of all persons impeached rests with the senate. 
With this exception, the powers of both houses are the 
same. 

The Senate. — The senate is composed of members 
chosen by the qualified voters of the several senatorial dis- 
tricts. The constitution provides that the number of sena- 
tors shall not be less than one-third, nor more than one- 
half the number of representatives. The senate is now 
composed of fifty members, the largest number possible 
under the constitution. 

How Composed. — The state is separated into fifty 
senatorial districts, and each district is entitled to one sena- 
tor. In some of the other states, the senate is a much 
smaller body than in Iowa. In all of the states, the senate 
has fewer members than the house. In Iowa, the senator- 
ial term is four years. 

Qualifications. — Senators must be at least twenty- 
five years of age. The qualifications as to citizenship, in- 
habitancy, and residence are the same as for representatives. 
It was intended by the founders of the constitution that the 
senate should be composed of men of wide experience, and 
hence the distinction in age was made. In this respect, the 



110 IOWA AND THE NATION. 

state constitution is modeled after the constitution of the 
United States, although the minimum age required is not 
the same. 

Senators Classed. — At the first session of the legis- 
lature, the senators were divided into two classes as nearly 
equal as possible. The term of those belonging to the first 
class expired in two years, and that of the others in four 
years. The successors of the members of each class were 
chosen for four years. As the number of senators in- 
creased, they were annexed, by lot, to one or the other of 
the two classes, so as to keep them as nearly equal in num- 
bers as practicable. At present, there are two classes of 
twenty-five members each. 

PowePS. — The senate is co-ordinate with the house in 
all general legislation. The impeachment of all state offi- 
cers rests with the house of representatives, but the trial of 
those impeached is conducted by the senate. When acting 
as a court in such cases, the senators are placed under oath 
or affirmation to decide the case upon its merits. No per- 
son can be convicted without the concurrence of two-thirds 
of the members present. 

Impeachment. — The governor, judges of the supreme 
and district courts, and other state officers, are liable to im- 
peachment for any misdemeanor or malfeasance in office. 
Judgments in such cases extend only to removal from office, 
and disqualification to hold any office of honor, trust, or 
profit under the state. The decision of the senate does not 
prevent the offender from being indicted, tried, and pun- 
ished, according to the laws which govern the crime of 
which he is accused. 



IOWA AND THE NATION. Ill 

Sessions. — The sessions of the general assembly are 
held once in two years, at the seat of government, and com- 
mence on the second Monday in January of each even- 
numbered year. The governor may, in cases of necessity, 
convene the general assembly by proclamation, before the 
regular time of meeting. At two o'clock in the after- 
noon of the day on which the legislature meets, each house 
is called to order by some person present who claims to be 
a member. A temporary secretary of the senate, and clerk 
of the house are then chosen, and they proceed to prepare 
lists of those claiming membership, each for his own house. 

Credentials. — The persons whose names appear on 
these lists appoint a committee of five members of each 
house on credentials. The chairman of these committees 
report the names of those who hold certificates of election 
to membership, and each house then proceeds to form a per- 
manent organization, by the election of officers. The lieu- 
tenant-governor is ex-officio presiding officer of the senate 
and acts in this capacity during the term for which he is 
elected. He is not a member of the senate, however. The 
presiding officer of the house of representatives, called the 
speaker, is chosen from among its own members. The 
other officers of the senate are the secretary and two assist- 
ants, an enrolling clerk, an engrossing clerk, sergeant-at- 
arms, janitor, and doorkeeper. 

Officers. — The house officers are a chief clerk and 
two assistants, clerks for enrolling and engrossing, a ser- 
geant-at-arms, two postmasters, doorkeeper, janitor and as- 
sistant, and mail carrier. 

Oath. — Members of the general assembly must take an 
oath, or affirmation, before entering upon the discharge of 



112 IOWA AND THE NATION. 

their duties. The form of the oath is as follows: "I do 
solemnly swear (or affirm, as the case may be), that I will 
support the constitution of the United States, and the con- 
stitution of the state of Iowa, and that I will discharge the 
duties of senator (or representative', to the best of my 
ability." This is. substantially, the oath taken by all 
officers in the state, from the lowest to the highest. 
Members of either house are authorized to administer the 
oath to each other, or to any other persons doing business 
with them when in session, or when acting as members 
of committees. 

Pay. — The members of the general assembly are 
allowed a compensation for then services, the amount of 
which is determined by law. At the first meeting under 
the new constitution, the members of each house received 
three dollars per day for their services while in session, and 
three dollars for every twenty miles traveled in going to 
and returning from the seat of government by the nearest 
traveled route. 

Special Session. — The law now is that every member 
shall receive five hundred and fifty dollars for each regular 
session, and five cents for each mile traveled in going to and 
returning from the capital. For each special session, each 
member receives the same compensation per day that was 
received by members at the preceding regular session. For 
example, if the legislature remained in session one hundred 
days at the last regular meeting, the rate per day would be 
five dollars and a half. This. then, would be the rate of 
compensation for each day of the special session. In no 
case, however, can the pay of members for any special 
session, be more than six dollars per day, exclusive of 



IOWA AND THE tfATION. 113 

mileage. Members and clerks are supplied with all neces« 
sary stationery at the expense of the state. 

When Paid. — At the expiration of thirty days from 
the convening of the general assembly, the members are en- 
titled to draw the mileage due them, and also one-half of 
the compensation for the entire session. The minor officers 
and employes receive their pay from time to time upon the 
certificates of the presiding officers of the respective houses 
in which they are employed. The remainder of the salary 
of members is paid at the close of the session. 



114 IOWA AND THE NATION. 



CHAPTER XV. 
LEGISLATIVE DEPARTMENT. 

Special Provisions. — Each house chooses its own 
officers, and judges of the qualification, election, and returns 
of its own members. A person who has not all the neces- 
sary qualifications for membership may be elected, and 
his certificate of election properly returned. It is left with 
each house to decide all questions of this kind. A con- 
tested election is settled in a manner prescribed by law. 
The speaker of the house holds his office the full term for 
which he was elected, but all other officers serve only dar- 
ing the session at which they were chosen. 

Quorum. — A majority of the members of each house 
constitutes a quorum for the transaction of business. But 
a smaller number may adjourn from day to day and may 
compel the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. This 
rule applies in all legislative bodies, and its necessity is 
often shown. 

Adjournment. — Each house determines the time of 
its own adjournment with the restriction that neither 
house shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in 
which they may be sitting. The reason for this exception 
is, that one house might retard the business of the other, 



IOWA AND THE NATION. 115 

or prevent legislation altogether, by adjourning from place 
to place, or for an indefinite period of time. 

Rules Of Order. — In addition to keeping and pub- 
lishing a journal of its own proceedings, each house deter- 
mines the rules by which it is governed. Tn the absence of 
other rules, those contained in Cushing's Manual of par- 
liamentary practice are used. One of the rules established 
by the constitution is, that each house shall sit with open 
doors, except on such occasions as require secrecy. This is 
not properly a rule of order, however. 

Members may be punished or expelled for disorderly 
conduct. It requires a two-thirds vote to expel, and 
no person can be so punished a second time for the same 
offense. 

Freedom Of Speech. — No member can be called in 
question in any other place for anything he may say in any 
speech or debate upon any question in either house. The 
rules of order determine the mode of procedure in debate, 
and a member may be denied the right to participate in dis- 
cussion for violating those rules. 

Privilege. — Senators and representatives, in all cases 
except treason, felony, and breach of the peace, are privi- 
leged from arrest while attending a session of the legisla- 
ture, and in going to and returning from the same. Were 
it not for this provision, members of the legislature might 
be arrested on false charges and thus be prevented from 
taking part in the work of law-making. 

Right to Object. — Any member has the right to dis- 
sent from, or protest against, any act or resolution which he 
may consider injurious to the public, or to private citizens. 



116 IOWA AND THE NATION. 

He may also have his objections to the measure entered 
upon the journal of the house of which he is a mem- 
ber. At the call of any two members present, a vote 
by yeas and nays must be taken and recorded in the 
journal. 

Yeas and. Nays. — The process of voting in this way 
is longer than the ordinary one, but it serves to put each 
member upon record as to how he votes. The names of 
members and the manner of voting are made a part of the 
record, and the people, in this way, are enabled to learn 
just what their representatives are doing. 

Privilege. — Any person who knowingly arrests a 
member in violation of his privilege, is guilty of contempt, 
and may be punished by fine or imprisonment, or both. 
The same penalty may be inflicted upon any one for as- 
saulting or threatening to assault a member, or injure his 
person or property, on account of anything said or done by 
him in the discharge of his duties. Any attempt to con- 
trol or influence the action of a member, by menace or oth- 
er improper' means, is considered a contempt, and may be 
punished as prescribed above. Several minor offenses may 
be treated in the same way. 

Punishments. — Fines and imprisonments for con- 
tempt are made upon an order from the proper house. The 
order, with the reasons for which it was issued, must be 
entered upon the journal. A warrant for imprisonment is 
signed by the presiding officer, and countersigned by the 
secretary or clerk. The sheriff, or jailor, of the proper 
county receives the warrant, and serves it in the same man- 
ner as any other writ. Such imprisonment cannot extend 
beyond the session at which it is ordered, but the guilty 



IOWA AND THE NATION. 117 

party may be tried and punished for the same offense, in 
the courts of the state. 

Witnesses, — Any person may be summoned by sub- 
poena, to appear before any committee of either or both 
houses to testify upon any subject which the committee 
may be considering. The person so summoned is entitled 
to the same compensation as witnesses before the district 
court, but he cannot demand the payment of his fees in 
advance. 

Other Offices. — As a means of preventing fraud, 
the following section was adopted : ' 'No senator or repre- 
sentative shall, during the time for which he shall have 
been elected, be appointed to any civil office of profit under 
this state, which shall have been created, or the emoluments 
of which shall have been increased during such term, except 
such offices as maybe filled by elections by the people." 
A similar provision is contained in the constitution of the 
United States. 

Ineligibility. — Persons holding lucrative offices under 
the United States, the state of Iowa, or any other power, 
are declared by the constitution of the state to be ineligible 
to a seat in the general assembly. Officers of the militia who 
draw no annual salary, justices of the peace, postmasters, 
whose compensation is not more than one hundred dollars 
per year, and notaries public, are not included in the pro- 
visions of this section. 

Same. — Before any person who has been a holder 
or collector of public money, can take his seat as a member 
of the general assembly, or be eligible to hold any office of 
trust or profit in this state» he must have accounted for and 



118 IOWA AND THE NATION. 

paid into the treasury all funds belonging to his office. 
This is to prevent persons, guilty of appropriating public 
money to improper uses, from becoming legislators in their 
own behalf. 

Prohibitions. — After any officer, public agent, or 
contractor, has entered upon the discharge of his duties, or 
completed the services agreed upon, he cannot receive any 
extra compensation for such services. No money can be 
drawn from the public treasury except in accordance with 
appropriations made by law. Money cannot be paid on any 
claim that was not provided for by pre-existing laws, and 
the appropriation of public money or property, for private 
purposes, cannot be made except with the concurrence of 
two-thirds of all the members elected to each house. 

Laws General. — The general assembly is forbidden 
to pass any local or special laws for levying taxes for 
state, county, or road purposes; for laying out and 
improving roads ; for changing the names of persons ; for 
the incorporation of cities and towns; for vacating roads, 
town plats, streets, alleys, or public squares ; and for locat- 
ing or changing county seats. In these and all other cases 
of a general nature, all laws must be of uniform operation 
throughout the state. The legislature can pass no law for 
changing the boundaries of counties, that may not, at a 
general election, be ratified or rejected by the people of the 
counties affected. 

Prohibitions. — The general assembly is prohibited 
from granting divorces, or authorizing lotteries and the sale 
of lottery tickets within the state. Only one subject, with 
the matters pertaining to it, can be included in any one bill, 
and the subject treated of must be stated in the title of the 



IOWA AND THE NATION. 119 

bill. If the subject matter of any bill is not expressed in 
the title, that part of the act referring to such subject mat- 
ter is void. 

Laws take Effect. — Laws of a public nature, passed 
at a regular session of the legislature, do not take effect 
until the Fourth of July after they are passed. The laws 
enacted at a special session take effect in ninety days after 
adjournment. Any law that is deemed to be of special 
importance may be put into effect by publication in certain 
designated newspapers published in the state. 

Committees. — The draft of a proposed law is called 
a bill. As it would be impossible, in open session, to trans- 
act all business connected with law-making, it is customary 
to refer certain parts of the work to committees. These 
committees are of two kinds, standing and special. The 
nature of the measure determines the committee to which 
it is referred. Committee meetings are held between the 
daily sessions of the legislature, and the result of their de- 
liberations is reported to the proper house for final action. 

Approval Of Governor. — Bills may be introduced in 
either house, but the other house may alter, amend, or re- 
ject them altogether. Before a bill can become a law, it 
must pass both houses and be signed by the speaker of the 
house and the president of the senate. It is then presented 
to the governor for approval. If he is satisfied with its 
provisions, he affixes his signature, and the bill becomes a 
law. If he objects to the bill, it is his duty to return it to 
the house in which it originated, with his objections. 

Veto. — These objections being entered upon the jour- 
nal, this house then proceeds to reconsider the bill. If, 



120 IOWA AND THE NATION. 

after such reconsideration, the bill is again passed by a two- 
thirds majority of each house, it becomes a law, notwith- 
standing the governor's objections. The refusal of the gov- 
ernor to sign a bill is called his veto. Veto is a Latin ex- 
pression, signifying, "I forbid it." The veto power is sel- 
dom exercised in this state. 

Governor's Neglect. — The failure of the governor 
to return a bill within three days from the time it is pre- 
sented to him (Sunday excepted), is equivalent to his signa- 
ture, unless the general assembly, by adjournment, prevent 
its return. A bill presented to the governor during the last 
three days of the session must be deposited by him with 
the secretary of state within thirty days from the time the 
legislature adjourned. He must also signify his approval 
by signing the bill, or if he vetoes it, his objections must 
be filed with the secretary of state, along with the bill itself. 

Reading's of Bill. — Every act or resolution receives 
three separate readings, but its second and third readings 
can not occur upon the same day. A bill cannot be passed 
without the assent of a majority of all the members elected 
to each branch of the legislature. The question upon its 
final passage must be taken immediately after its last read- 
ing; the vote being hy yeas and naj^s. 

Joint Convention, — Certain business of the general 
assembly is transacted in joint convention of both houses. 
Such meetings are held in the hall of the house of repre- 
sentatives, and in the absence of the president of the sen- 
ate and speaker of the house, a temporary president is cho- 
sen on joint ballot. A record of the proceedings is kept by 
the clerk of the house and the secretary of the senate, and 
recorded by them upon the journals of their respective 
houses. 



IOWA AND THE NATION. 121 

United States Senators. — United States senators 
are elected by the legislature in joint convention in the fol- 
lowing manner: The names of the members are arranged 
in alphabetical order ; and each one votes in the order in 
which his name stands on the list. The name of the per- 
son voted for, and of the one voting, are recorded in writ- 
ing by the judges of election, and, after the names are read 
a second time, to correct any errors of record that may have 
been made, the judges report to the presiding officer the 
number of votes each candidate has received. If no one 
has received a majority of all the votes cast, a second vote 
is taken, and so on from time to time until some one re- 
ceives a majority. 

Election. — The person receiving such a majority is 
declared to be duly elected, and the president of the con- 
vention signs duplicate certificates of election, one of which 
is transmitted to the governor, the other being preserved 
as a part of the records of the convention. This is substan- 
tially the plan pursued in the election of all officers chosen 
by the general assembly in joint convention. 



122 IOWA AND THE NATION. 



CHAPTER XVI. 
EXECUTIVE DEPARTMENT. 

Constitution. — Article IV. 

Governor. — To the executive department beloDgs the 
duty of enforcing the laws of the state. The chief offi- 
cer of this department is the governor, who is elected eveiy 
second year by the qualified voters of the state. The elec- 
tion occurs on the Tuesday next after the first Monday in 
November of each odd-numbered year, and the term of 
office begins on the second Monday in January following 
the election. The duties of the governor are very impor- 
tant, for to him is entrusted the enforcement of the laws 
of the state. 

Qualifications. — The qualifications of the governor 
are not the same in all the states. In Iowa, no person is 
eligible to that position who is not a male citizen of the 
United States, at least thirty years of age, and who has not 
been a resident of the state for two years immediately pre- 
ceding the election. A lieutenant-governor is chosen at the 
time the governor is elected. He must have the necessary 
qualifications for governor, and his term of office is the 
same as that of the governor. 

Returns of Election. — The returns of the election 
for governor and lieutenant-governor are sealed and trans- 
mitted to the seat of government. They are directed to 
the speaker of the house of representatives, and it is his 



IOWA AND THE NATION. 123 

duty to open and publish them in the presence of both 
houses of the general assembly. In some states these offi- 
cers are elected every year. 

The persons who have received the highest num- 
ber of votes for governor and lieutenant-governor res- 
pectively, are declared elected. In case of a tie vote for 
two or more persons for either office, it is the duty of the 
general assembly in joint meeting to proceed to the election 
of governor or lieutenant-governor, as the case may be. 

Duties. — The governor is commander-in-chief of the 
militia, and of the army and navy of the state. He trans- 
acts business with all civil and military officers of the gov- 
ernment, and receives information from the other officers 
of the executive department upon any subject pertaining to 
their duties. 

When any office becomes vacant from any cause, it is 
the duty of the governor to fill the vacancy by appointment, 
unless the constitution or laws of the state provide some 
other way. The appointment lasts only until the end of 
the next meeting of the legislature or the next general elec- 
tion by the people. 

Call Special Session. — He may, on extraordinary 
occasions, call a special session of the general assembly by 
proclamation, and when both houses have assembled, it is 
his duty to state to them the reasons for which they have 
been convened. This action is rarely taken except in cases 
of public danger, as the expense of holding a session for a 
few days only amounts to a large sum of money. The 
mileage is the same for a special as for a regular session. 

Messag'e. — After the organization of the general as- 
sembly is completed, the governor's message is read to 
each house by its clerk. This message contains a state- 



124 IOWA AND THE NATION. 

ment of the condition of the state, together with such 
recommendations as the governor may see fit to make con- 
cerning matters of importance. This document corres- 
ponds to the president's annual message to congress, and is 
always written or printed. The first two presidents made 
their recommendations in person, but since their time, the 
present custom has prevailed. 

Powers. — In case both houses fail to agree upon the 
time of adjournment, the governor fixes the time at which 
that body shall stand adjourned. The power to prorogue, 
or forbid the assembling of the legislature, is expressly de- 
nied by the last clause of section thirteen of this article. 

Same. — The governor has power to grant commuta- 
tions and pardons in all cases except treason and impeach- 
ment, subject to regulations provided by law. A reprieve 
is a temporary suspension of the death penalty that has 
been passed upon a person convicted of a capital crime. 
For a number of years, the death penalty was forbidden by 
the laws of the state, but it was revived in 1878, and 
may be applied upon conviction of murder in the first de- 
gree. A commutation of a sentence shortens the time or 
lessens the severity of the punishment. A pardon forgives 
the criminal and orders his release. 

Suspension of Sentence. — After a person has been 
convicted of treason, the governor may suspend the execu- 
tion of the sentence until the legislature can act upon the 
matter. That body may either grant a pardon, commute 
the sentence or direct its execution, or extend the time of 
the reprieve. The governor has the power to remit fines 
and forfeitures also, but under certain restrictions made by 
law. 



IOWA AND THE NATION. 125 

Report. — Each case of reprieve, commutation, par- 
don, or remission of fine or forfeiture must be reported to 
the general assembly at its next meeting. The name of the 
person relieved from any of the above penalties, with the 
reasons for the executive action, must form a part of the 
report. 

Lieutenant-Governor. — The lieutenant-governor is 
ex- officio president of the senate, but he has no vote except 
when that body is equally divided. In case of the absence 
or disability of this officer, or when he is discharging the 
duties of governor, it becomes necessary for the senate to 
choose a president pro-tem. The salary of the lieutenant- 
governor is fixed at double that of members of the senate. 
This, according to the present law, amounts to eleven hun- 
dred dollars for the term of two years. In case of the 
death, impeachment, resignation, or removal of the gov- 
ernor, the duties of that officer devolve upon the lieutenant- 
governor, and during the time he is acting in such capacity, 
he receives the same compensation as the governor. 

President pro tem. — If the lieutenant-governor, 
while acting as governor, is impeached or displaced, or for 
any other reason becomes unable to perform the duties de- 
volving upon him, the president pro-tem of the senate acts 
as governor until the vacancy is filled, or the disability re- 
moved. And in case this officer becomes disqualified from 
any cause, the speaker of the house of representatives acts 
in his stead. 

Great Seal. — Motto. — The governor is the custodian 
of the great seal of the state, which is used by him officially 
in sealing all grants and commissions. All commissions 
granted by the governor must be signed by him and coun- 
tersigned by the secretary of state. The motto of the state 



126 



IOWA AND THE NATION. 



is a grand one: "Our liberties we prize, and our rights we 
will maintain. " 




Salary. — The salary of the governor is fixed at three 
thousand dollars a year. He is allowed five hundred dol- 
lars a year additional for serving as a member of the execu- 
tive council, and his traveling expenses when visiting the 
different state institutions. His house rent, not to exceed 
six hundred dollars annually, is also paid out of the state 
treasury. 



IOWA AND THE NATION. 127 



CHAPTER XVII. 

Other State Officers. 

Other Officers. — The constitution also provides for 
the election of a secretary of state, an auditor of state, 
and a treasurer of state, to be elected by the qualified 
voters for a term of two years. Several other officers, 
properly belonging to this branch of the government have 
been authorized by law, and the duties of all of these will 
now be discussed in a general way. 

Secretary Of State. — The secretary of state has 
charge of all the records of the territorial government of 
Iowa, the enrolled copies of the constitutions of the state — 
the old one of 1846 and the new one of 1857 — and all other 
records of the state not kept by the other executive officers. 
All commissions signed by the governor are countersigned 
by him, and a record of them is kept by him in a register 
provided for that purpose. 

Report. — Salary. — He is also required to make a 
biennial report to the governor of all criminal cases as re- 
ported to him by the clerk of the district court of each 
county. He also acts as register of the land office, and 
there are many valuable papers and records relating to the 
sale of public lands on file in his office. His bond is fixed 
at not less than five thousand dollars, but it is usually much 
more than that. His salary is twenty-two hundred dollars 
a year, and that of his deputy, fifteen hundred dollars. 
His election occurs in the even-numbered years. 



128 IOWA AND THE NATION. 

Auditor Of State. — The auditor is the general 
accountant of the state, and to him is entrusted the duty 
of keeping a correct account of all moneys belonging to the 
state, as well as of all moneys expended. He superintends 
the fiscal affairs of the state, and furnishes information and 
blanks in the proper form to enable county auditors and 
treasurers to report to him the items they are required to 
furnish by law. 

Duties. — He draws warrants on the state treasury for 
all appropriations authorized by law, and reports to the 
governor before each regular session of the general assem- 
bly, the amount of all revenue, funds, income, and taxable 
property of the state, together with the expenditures for all 
purposes since his last report. 

Report. — Salary. — On the first Monday of March 
and September of each year, he apportions the interest on 
the permanent school fund among the counties in propor- 
tion to the number of persons of school age in each. The 
office of the auditor is at the seat of government, and 
everything that is necessary to enable him to discharge the 
duties devolving upon him is furnished at the expense of 
the state. His bond is fixed at not less than ten thousand 
dollars. His salary is twenty-two hundred dollars per year, 
and that of his deputy, fifteen hundred dollars. 

Treasurer of State. — The treasurer receives all 
moneys belonging to the state and pays all warrants drawn 
upon the treasury by the auditor. He keeps a record of all 
warrants paid by him, and reports to the auditor once a week 
the number and amount of all warrants paid since his last re- 
port, and also the name of the payee in each case. A report 
of the affairs of his office must be made to the governor as 
soon as practicable after the first Monday of November in 



IOWA AND THE NATION. 129 

each odd-numbered year. His bond is fixed at not less 
than three hundred thousand dollars. His salary is twenty- 
two hundred, and that of his deputy, fifteen hundred 
dollars per year. 

Executive Council. — The governor, auditor, secre- 
tar}^, and treasurer of state, compose the executive council. 
Any three of these officers constitute a quorum for the 
transaction of business. The duties of this body are num- 
erous and important, for to it is given the general manage- 
ment of the property of the state. 

The duties of township trustees, town councils, and 
boards of supervisors as boards of equalization have been 
explained elsewhere. In the same manner, the execu- 
tive council of the state serves as a board of equalization 
between counties. A board of this kind is necessary 
in order that taxation for the support of the state govern- 
ment may be uniform. 

Equalization. — For many years the rate of taxation 
for the support of the state government has been two and 
one-half mills on every dollar of the assessed value of the 
taxable property of the state. By accident or design, the 
property of a county might be assessed very low. This 
would lessen the amount of money raised for state purposes, 
but it would not affect local taxation. 

Taxes. — To raise a specified sum of money for school 
purposes, for example, by lowering the assessment, it 
would be necessary simply to raise the rate of taxation. 
Local boards, generally, are required to estimate the amount 
of money to be raised instead of fixing the rate of assess- 
ment. The rate is computed by the county auditor by divid- 
ing the amount of money to be raised for any purpose by 
the assessed value of the property m the district to be taxed. 





130 ION' A AND THE NATION. 

Duties of Council. — The executive council acts as a 
board to audit accounts of supplies furnished che different 
state officers, and provides paper for the public printing, as 
well as stationery for the general assembly, the public offices, 
and the supreme court. All warrants drawn by this board 
are paid out of the public treasury, but all moneys so drawn 
must be reported to the next general assembly. The officers 
that compose this council receive five hundred dollars each 
for their services, in addition to their regular salaries. 

Superintendent of Public Instruction.— The state 

superintendent of public instruction has general supervision 
of the public schools of the state. He holds conventions 
of county superintendents, from time to time, for the pur- 
pose of giving explanations and instructions that will lead 
to uniformity in the school work of the different counties. 

Duties. — By virtue of his office, he is a member of 
the board of regents of the state university, president of the 
board of directors of the state normal school, and of the 
educational board of examiners. He renders a written opin- 
ion to any school officer who may desire it, and also decides 
all appeals from the county superintendent, when properly 
made. 

School Laws. — At the end of every fourth year, he 
nas a sufficient number of the school laws and decisions 
printed to supply each district in the state with at least one 
copy, bound in cloth, and enough paper covered copies of 
the school laws to furnish one to each school officer in the 
state. 

Report. — His report to the general assembly at each 
regular session embraces the number of teachers, schools, 
and school-houses, the condition of the public schools, and 



IOWA AND THE NATION. 131 

such other information as has been reported to him by the 
county superintendents. One thousand copies of this re- 
port are printed and presented to the general assembly on 
the second day of its session. It is also his duty to ap- 
point a normal institute in each county, annually, upon the 
assurance of the county superintendent that at least twenty 
teachers desire to attend such a meeting. 

Salary, Etc. — He is provided with an office at the 
seat of government, in which he keeps all the records, 
reports, and other public documents belonging to his office. 
His bond is not less than two thousand dollars. His com- 
pensation is twenty-two hundred dollars a year, and that of 
his deputy, fifteen hundred dollars. 

Mine Inspectors. — There are three mine inspectors 
appointed by the governor, with the consent of the senate. 
Their term of office is two years, commencing on the first 
day of April of each even-numbered year. For convenience, 
the state is divided into three districts, one inspector being 
assigned to each district. These officers are required to 
give all their time to the discharge of their duties, and a 
careful examination of all the mines of the state is made at 
frequent intervals. 

Duties. — It is their special duty to see that the mines 
operated in the state are properly ventilated, and that suit- 
able outlets from the mines are provided. They must also 
see that the best appliances for the preservation of the life 
and health of miners are used in the mines. No person can be 
appointed mine inspector unless he is a citizen of the United 
States and of Iowa, of good moral character, and at least 
twenty-five years of age. Each mine inspector must have 
been a practical miner for at least five } T ears. The salary of 
each inspector is twelve hundred dollars a year. 



132 IOWA AND THE NATION. 

Superintendent of Weights and Measures.— This 

officer is appointed by the governor from among the profes- 
sors of the state university, being subject to removal at the 
pleasure of the governor. The standard weights and meas- 
ures are provided at the expense of the state and kept in a 
building erected for that purpose by the state. Copies of 
these weights and measures are furnished the boards of sup- 
ervisors at their request, and to be paid for out of the gen- 
eral fund of the county procuring them. The salary of the 
superintendent of weights and measures is fifty dollars a 
year. 

Veterinary Surgeon. — The state veterinary surgeon 
is appointed by the governor for a term of three years, un- 
less sooner removed. He must be a graduate of some vet- 
erinary college, and a person skilled in veterinary science. 
He has general supervision of all contagious and infectious 
diseases of animals within the state, and he is empowered 
to quarantine any animals so diseased, whether they are 
owned in the state, or are in transit through the state. The 
person holding this office becomes a member of the state board 
of health b} T virtue of his appointment. His compensation 
is fixed at five dollars a day and actual expenses during the 
time he is occupied in the discharge of his duties. 

Attorney-General. — The attorney general is a law- 
yer who acts as counsel for the general assembly and state 
officers, and appears for the state in all cases, civil or crimi- 
nal, in which the state is a party, when requested to do so 
by the governor, executive council, or general assembly 
He appears as prosecuting attorney for the state in all 
criminal cases tried by the supreme court upon appeal from 
the district court. At the request of any state officer or 
county attorney, it is his duty to give, free of charge, his 



IOWA AND THE NATION. 133 

opinion in writing upon an}' question of law that may be 
submitted to him. 

He reports to the general assembly such information 
concerning the business of his office as may be required by 
that body. His salary is fixed at fifteen hundred dollars 
per year, and, in addition to this, he receives five dollars 
per day for attending all sessions of the supreme court. He 
is also entitled to certain fees for services rendered in accor- 
dance with the provisions of chapters on insurance in the 
Code of Iowa. 

Adjutant-General. — The adjutant-general is an offi- 
cer appointed by the governor to act as inspector and pay- 
master-general of the militia. His rank is major-general. 
On or before the first Monday of January of the year fol- 
lowing the one in which the census of the state is taken, he 
reports to the adjutant-general of the United States the 
whole number of persons in the state subject to military 
duty. He issues all orders of the governor relating to 
military law, and causes them to be published, from time 
to time, as it becomes necessary. He keeps a roll of all 
commissioned officers of the militia, with their residence 
and rank, and such other information as may be necessary 
concerning them. His salary is fifteen hundred dollars a 
year. 

State Printer. — The state printer is elected by the 
general assembly in joint convention for a term of two years. 
His office is at the seat of government, and it is his duty to 
print the journals of both houses of the general assembly, 
and the laws enacted by that body, as well as all forms, 
blanks, and other incidental matter required by the different 
state officers. His work must be promptly done in a work- 
manlike manner, and for it, he receives compensation fixed 



134 IOWA AND THE NATION. 

by law, the amount of which depends upon the work done. 
His bond is not less than five thousand dollars, and must be 
signed by at least three sureties. His term of office begins 
on the first day of January of the year next following his 
election. 

State Binder. — This officer is elected in the same 
manner as the state printer, and enters upon the discharge 
of his duties at the same time. His duty is to bind the 
laws, journals, and such incidental printed matter as may 
be required for the use of the state. The work must be 
done in a neat and workmanlike manner, and to secure this, 
he is required to furnish a bond of not less than two thous- 
and dollars. His salary depends upon the amount of work 
done, the prices of the different kinds of work being fixed 
by law. 

Railroad Commissioners.— For many years, the rail- 
road commissioners of the state were appointed by the gov- 
ernor, subject to approval by the executive council, but in 
1888, the law was changed so as to provide for the election 
of one railroad commissioner at each general election for a 
term of three years. At least one of the three members of 
this board must be a civil engineer, and no person having a 
pecuniary interest in any railroad is eligible to the office of 
railroad commissioner. 

Powers. — These commissioners have the general su- 
pervision of all railroads operated by steam in the state, 
and it is their duty to see that the laws governing railroad 
companies and employes are strictly complied with. The 
books of any railroad company, at any station or office, are 
open to inspection by this board, and any officer or agent 
may be examined under oath. 



IOWA AND THE NATION. 185 

On or before the first day of December of each year, 
they report to the governor the work done by them during 
the past year, and make such recommendations in relation 
to their duties as they may think necessary. 

Salary. — Each commissioner receives an annual sal- 
ary of three thousand dollars, and the clerk, fifteen hundred 
dollars. To secure the faithful performance of his duties, 
each commissioner is required to give bonds to the amount 
of ten thousand dollars. Members of the board and the 
clerk are sworn to perform the duties devolving upon them 
to the best of their ability. 

State Librarian. — The state librarian is appointed by 
the governor, and he is required to give his personal atten- 
tion to the care of the state library during the time it is 
kept open. He is also required to keep a complete alpha- 
betical catalogue of all books belonging to the library. 
He reports to the governor, at stated times, the number and 
title of all books in the library, the amount of all fines and 
forfeitures received, and such other information as may be 
required by law. 

Bond, Etc. — His bond is fixed at five thousand dol- 
lars, and his salary at twelve hundred dollars a year. He 
may appoint a first assistant at a salary of six hundred 
dollars, a second assistant at five hundred dollars, and a 
messenger at three hundred dollars a year. 

Qualification Of Officers. — No civil officer can enter 
upon the discharge of his duties until ha has qualified by 
taking an oath of office according to law. The governor 
and lieutenant-governor are required to take the official 
oath in the presence of the general assembly in joint con- 
vention. The oath is administered to them by a judge of 



136 • IOWA AND THE NATION. 

the supreme court. Members of the general assembly qual- 
ify by taking the oath prescribed for them in the third arti- 
cle of the constitution. 

Oath. — In addition to the obligation to support the 
constitution of the United States and that of the state of 
Iowa, judges of the supreme and district courts must sub- 
scribe to an oath in writing, that they will administer jus- 
tice to rich and poor alike, without fear, favor, affection, or 
hope of reward. The officers above mentioned, together 
with county supervisors and township trustees, are not re- 
quired to give bonds. 

Sureties. — All other civil officers are required to give 
sureties in double the amount to be secured. For example, 
if the bond is fixed at one thousand dollars, the signers 
must have property valued at two thousand dollars above 
all indebtedness. The amount of the bond required differs 
according to the responsibility of the office and the amount 
of money to be handled. The bond of the state treasurer 
cannot be less than three hundred thousand dollars, and is 
the heaviest one required. 

Bonds Approved. — Bonds of state officers are fixed 
by law and approved by the governor, those of the county 
officers by the county supervisors. The township clerk 
approves the bonds of all township officers except his own 
and those of justices of the peace and constables. All 
officers are required to qualify before a stated time, 
usually the first Monday in January following their elec- 
tion, and a refusal to qualify within the time prescribed is 
considered a refusal to serve. 

Reports. — Chapter 175, Laws of the Nineteenth Gen- 
eral Assembly, requires a number of the state officers and 




Library No. :>, State Capitol 



IOWA AND THE NATION. 187 

trustees of the various state institutions, except the Agri- 
cultural College, to report to the governor, on or before the 
fifteenth day of August, in each odd-numbered year, the 
condition of their respective offices and of the institutions 
under their control. 



138 IOWA AND THE NATION. 



CHAPTER XVIII. 

Commissioners and Societies. 

In addition to the officers whose duties have already- 
been discussed, there are several important commissions, 
societies, and boards authorized by law. The most import- 
ant of these will now be considered briefly. 

State Agricultural Society.— The state agricul- 
tural society was organized for the purpose of stimulating 
an interest in improved methods of farming and stock rais- 
ing. There are one hundred and four local societies in Iowa, 
and delegates from these local organizations are chosen an- 
nually to attend a meeting of the state society for the purpose 
of choosing a president, vice-president, secretary, and treas- 
urer, for one year, and a board of five directors to serve for 
two years, and for the transaction of other business in which 
the society may be interested. A state fair is held an- 
nually at DesMoines under the direction of this society, and 
the best products of the farm are there exhibited. Premi- 
ums for the best exhibits of all kinds are paid, aggregating 
twenty-five thousand dollars a year. 

Dental Examiners. — The members of this board are 
five in number, one being appointed each year by the gov- 
ernor of the state, for a term of five years. All dentists 
doing business in the state are required to register with the 
board, and all persons commencing' the practice of dentistry 
must possess a diploma from some reputable college of den- 



IOWA AND THE NATION. 139 

tistry, or pass a satisfactory examination before this board 
and receive a license to practice in the state. 

Board Of Health. — The establishment of the board of 
health was for the purpose of making such regulations and 
investigations as it may from time to time deem neces- 
sary for the improvement or preservation of the public 
health. Valuable information designed to aid in preventing 
the spread of contagious diseases has been furnished in 
times past in the circulars and pamphlets sent out by this 
board, and as its work becomes better known, much good 
will result to the people. 

How Composed. — The board is composed of nine 
members appointed by the governor, with the consent of 
the executive council, and must consist of the attorney gen- 
eral of the state, one civil engineer, and seven physicians. 
The term of office is seven years, and it is so arranged that 
the term of one of the physicians expires on the thirty-first 
day of January of each year. The board elects a president 
from its own membership. A secretary is also chosen at a 
salary of twelve hundred dollars a year. The regular 
members of the board are paid their actual expenses 
while serving in their official capacity, but they receive 
no salary. 

Commissioners of Pharmacy.— The governor, with 
the approval of the executive council, appoints each year 
one of three commissioners of pharmacy, to serve for three 
years. The members of the board are selected from the 
most competent pharmacists in the state, and no person is 
eligible to membership unless he has been a resident of the 
state for five years, and been a practicing pharmacist for 
the same length of time. 



140 IOWA AND THE NATION. 

Duties. — The special work of this board is to see that 
none but thoroughly competent persons are permitted to sell 
drugs and fill prescriptions of medicine. To accomplish 
this, all persons who desire to engage in the business of 
selling drugs or dispensing medicines within the state, must 
first obtain a certificate from the commissioners of pharmacy 
authorizing them as qualified persons to conduct such 
business. The examinations conducted by this board are 
very strict. The compensation consists of fees charged 
applicants for certificates, and it is carefully regulated by 
law. 

Educational Board of Examiners.— The educa- 
tional board of examiners is composed of the state superin- 
tendent of public instruction, the president of the state 
university, the president of the state normal school, and two 
other persons, appointed by the executive council for the 
period of four years. One of the persons appointed must 
be a woman, and no person is eligible to re-appointment. 
The superintendent of public instruction is, ex- officio, presi- 
dent of the board. 

Examinations. — Frequent examinations are conduct- 
ed for the benefit of those teachers who desire to obtain 
state certificates or state diplomas. Certificates issued by 
county superintendents are valid only in the counties in which 
they are issued. A state certificate issued by the board of ex- 
aminers authorizes the person to whom it is issued to teach in 
any public school in the state for a term of five years, and 
a state diploma is valid during the life of the one to whom 
it is granted. The fee charged for examination for a state 
certificate is three dollars; that for a life diploma, five dol- 
lars. The members of the board appointed receive three 
dollars a day and expenses, during the time they are actually 



IOWA AND THE NATION. 141 

employed in the discharge of their duties. All other mem- 
bers are allowed their actual expenses. 

Historical Society. — This society was organized for 
the purpose of collecting and preserving everything of a his- 
torical nature, in connection with the state of Iowa. Books, 
pamphlets, maps, charts, manuscripts, and other material of a 
like character bearing upon the history, progress, and present 
condition of the state, are obtained from all sources possi- 
ble, and arranged in suitable form for preservation. The 
collection made thus far is in the possession of the state 
university. The officers of the society consist of eighteen 
curators, nine being appointed by the governor m June of 
each even-numbered year, and nine chosen by the society 
from its own membership in June of each odd-numbered 
year. No officer or member of the society receives any 
compensation from the state for his services. 

Horticultural Society. — The object of this society 
is to promote an interest in horticulture. It works in con- 
nection with the state agricultural society, and, owing to 
its efforts, an increased interest is shown in the raising of 
the various products of the garden. The sum of twenty- 
five hundred dollars a year is appropriated out of the state 
treasury for the benefit of this society. 

Bureau of Labor Statistics. — The principal work 

of this bureau is performed by an officer called the commis- 
sioner of labor statistics. It is his duty to collect and ar- 
range statistics designed to show the exact commercial, 
social, educational, and sanitary condition of the laboring- 
classes of the state, and the changes that are being made in 
the condition of these classes, for better or worse. He is 
charged with the collection of information concerning the 
agricultural manufacturing, and mining interests of the 



142 IOWA AND THE NATION. 

state. It is also his duty to correspond with persons likely 
to be interested in the development of any of Iowa's resources, 
and to furnish such persons with any information they 
may desire concerning the products of the state. A biennial 
report of the work done by this bureau is required by law. 
The commissioner is appointed by the governor for a 
term of two years, commencing on the first day of April 
in each even-numbered year. The salary is fifteen hundred 
dollars a year, with an allowance for the necessary postage, 
stationery, and expenses of the office. 

Custodian of Public Property.— To this officer is 

entrusted the care of the capitol building and grounds. He 
is appointed by the governor, and his salary is fixed at 
fifteen hundred dollars a year. 

Dairy Commissioner. — The state dairy commis- 
sioner is appointed by the governor for the term of two 
years, commencing on the first day of May of each even- 
numbered year. His salary is fixed at fifteen hundred dol- 
lars a year and actual expenses, and his bond at ten thous- 
and dollars. The office was established to aid in abolishing 
the manufacture and sale of imitations of dairy products, or 
at least to compel manufacturers and dealers in the spuri- 
ous articles to label them properly, and sell them as imita- 
tions under the names by which they are commonly known. 
The commissioner must be a person who has had practical 
experience in the manufacture of dairy products. He is 
furnished an office at DesMoines, and to enable him to per- 
form all the duties required of him, an appropriation of 
twenty thousand dollars, or so much thereof as may be nec- 
essary, is made bienniall} T . 

Inspector of Illuminating 1 Oils.— The governor, 
with the advice a v id consent of the senate, appoints a state 



IOWA AND THE NATION. 143 

inspector of illuminating oils, biennially. The term of of- 
fice begins on the first day of April of each even- numbered 
year. It is the duty of this officer to test all the illuminat- 
ing oils made from petroleum, and designed to be sold for 
use in this state. All oils that are not properly refined, and 
those that for any cause will emit a combustible vapor at a 
lower temperature than one hundred and five degrees Fah- 
renheit are rejected by the inspector, and severe penalties 
are provided for the punishment of any person who may be 
guilty of selling, or offering for sale, any oil so rejected. 

Duties, Etc. — Every barrel or cask inspected is prop- 
erly labeled or branded and the inspector's name signed. 
The number of degrees at which combustible vapor is gen- 
erated is also recorded on the barrel or cask. The salary is 
two thousand dollars a year and actual expenses. The sal- 
ary of each deputy consists of fees, and can not exceed one 
hundred dollars a month. The inspector may appoint as 
many deputies as may be necessary to enable him to per- 
form the duties of his office. The bond of the inspector is 
fixed at twenty thousand dollars, and that of each deputy at 
five thousand dollars. 

Fish Commissioner. — For the purpose of keeping 
the rivers and lakes of Iowa stocked with fish, provision 
has been made for a fish hatching house, at Spirit Lake, 
owned by the state, and from which small fish in vast numbers 
are distributed annually. The fish commissioner has charge 
of this hatching house, and also of the erection of fish 
ways, by means of which fish may pass up, down, or through 
the water courses of any of the rivers and lakes of Iowa. 
It is also his duty to see that the law to prevent the catch- 
ing of fish at certain seasons of the year is complied with. 
His salary is twelve hundred dollars a year. 



144 IOWA AND THE NATION. 

OUTLINE FOR REVIEW OF STATE OFFICERS. 



OFFICERS. 


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Governor 
















Lieut. -Governor 
















Secretary 
















Auditor 














Treasurer 














Executive Council .... 
















Supt. Pub. Instruction 
Atty -General 






























Adjutant-General .... 
















E.. R. Commissioners . 














State Printer 




.... 










State Binder 










Librarian 








.... 1 ... . 




Mine Inspectors 












Fish Commissioner. . . 




........ 








Daiiy Commissioner. . 












Com. of Immigration . 














Cust'nof Pub. Prop'ty 
Inspector of Oils 













































IOWA AND THE NATION. 145 

CHAPTER XIX. 

JUDICIAL DEPARTMENT. 

Article V. 

Courts. — The judicial department consists of the 
supreme and district courts, both of which are author- 
ized by the constitution. Several inferior courts have 
been established by law, and a discussion of these will be 
found elsewhere. The supreme court at first consisted of 
three members, but the number has since been increased to 
six, four of whom constitute a quorum to hold court. 

Supreme Court. — The term of office of judges of the 
supreme court is six years, and hereafter one judge will be 
chosen at the general election each year. The six judges 
join in the open session of the court, and in all other court 
duties, but in the preliminary examination of cases sub- 
mitted to them, they are separated into two sections of three 
each. No case is decided by this court until it has been 
considered by the entire court and a decision agreed upon 
by at least four members. The salary of each judge of the 
supreme court is four thousand dollars a year. 

Meeting's. — The meetings of the supreme court are 
held at the capital in a room known as the supreme 
court room. Three sessions of the court are held each year, 
the first commencing on the third Tuesday in January, the 
second, on the second Tuesday in May, and the third, on the 
first Tuesday in October. During the time the court is not 
in session, the members are engaged in examining the evi- 
dence in cases that have been appealed from lower courts. 
10 



14() IOWA AND THE NATION. 

Powers. — The supreme court has the sole power of 
determining whether any law passed by the general assem- 
bly is constitutional or not. If any provision of the con- 
stitution of the state is violated by the terms of a law, that 
law is unconstitutional, and when so declared by the su- 
preme court, it is no longer considered a law of the state. 

This court also decides whether, or not, certain cases 
appealed to it have been properly tried in the lower court. 
If a majority of the members of the supreme court vote in 
favor of sustaining the decision made by the district court, 
the decision is said to be affirmed. If, however, the ma- 
jority vote against the decision of the lower court, the de- 
cision is reversed. 

Chief Justice. — The judge having the shortest term 
to serve acts as chief justice. From this it will be seen 
that each member of the supreme court is chief justice dur- 
ing the last year of his term. Judges of this court are in- 
eligible to any other office in this state during the term for 
which they have been elected. 

The supreme court is a tribunal for the interpretation 
of law and the correction of errors made by judges of the 
lower courts. It has appellate jurisdiction in cases of chan- 
cery only. In addition to the above-mentioned powers, ' 
this court has the general supervision of all the lower 
courts. 

Clerk and Reporter. — The clerk of the supreme 
court has charge of all decisions made by the court. His 
duties are such as are indicated by his title. He is placed 
under bonds to the amount of not less than ten thousand 
dollars, and for his services he receives twenty-two hun- 
dred dollars per year. He is allowed to appoint a deputy, 
who is paid fifteen hundred dollars per year. The next 



IOWA AND THE NATION. 14< 

election of clerk and reporter of the supreme court occurs 
in the year 1898. Their term of office is four years. 

The supreme court reporter has charge of publishing 
the decisions of the court in reports of from seven hundred 
fifty to eight hundred pages each. These reports are copy- 
righted in the name of the state, and the reporter is forbid- 
den to have any pecuniary interest in them. Salary, two 
thousand dollars per year, payable quarterly. 

District Court. — The district court now has general 
original jurisdiction in all suits at law, both civil and crim- 
inal, except those in which exclusive or concurrent jurisdic- 
tion is given to some other court specially authorized by 
the constitution and laws of the state. It is also a court 
of equity. As a court of probate, it has exclusive original 
jurisdiction in the proving of wills, and in the appointments 
of administrators, guardians, and trustees to settle the 
estates of persons deceased. This court also serves as a 
court of appeals in certain proceedings from justice and 
police courts. 

District Judges. — Iowa is separated into nineteen 
judicial districts, and there are in all fifty district judges. 
Each district has from one to four judges, according to the 
amount of business to be transacted. The compensation 
of each district judge is twenty-five hundred dollars a year, 
which is paid in monthly installments out of the state treas- 
ury. The term of office is four years, beginning on the 
first of January following the election. Judges are chosen 
at the general election by the qualified voters of the district 
in which they reside. A list of the judicial districts will be 
found at the close of Part I. of this volume. 



148 K)WA AND THE NATION. 



CHAPTER XX. 

JUDICIAL DEPARTMENT. —Continued. 

District Court Powers. — In addition to the regular 

judicial business of this court, it has the general supervi- 
sion of all inferior courts, and provides for the correction of 
abuses, in case no special remedy is fixed by law. It also 
has exclusive jurisdiction over all indictments presented by 
the grand jury. 

Indictment. — An indictment is a written accusation 
presented to the court in which the grand jury is impaneled, 
charging the person named therein with the violation of the 
criminal law, or with the commission of some act which is 
punishable on indictment. Such an accusation can be made 
only upon the sworn statement of witnesses examined by 
the grand jury, or by evidence furnished by certain legal 
documents, as provided by law. 

Jurors. — All qualified electors of the state, of good 
moral character, sound judgment, and in full possession of 
the senses of hearing and seeing, and who can speak, read, 
and write the English language, are competent jurors in 
their respective counties. There are certain exceptions, 
however. All persons holding office under the laws of the 
United States, or of this state, all practicing attorne} T s, 
physicians, and clergymen, all practicing professors or 
teachers in any institution of learning, registered pharma- 
cists, and all persons disabled by bodily infirmity, or over 



IOWA AND THE NATION. 140 

sixty-five years of age, are exempt from liability to act as 
jurors. Any person summoned as a juror may be excused 
from serving for good cause shown. 

Grand Jury. — The grand jury of any county serves 
as an investigator of crimes committed in that county. It 
has no power to try criminals and fix the punishment for 
crimes committed. Keal or alleged violations of the crimi- 
nal laws of the etate are reported to the grand jury, and if 
the evidence against any person is such as to indicate that 
he has committed a crime, the grand jury prefers an indict- 
ment against him. He is then .arrested, if possible, and 
held for trial before the petit jury. 

Number Of Jurors. — In counties having a popula- 
tion of sixteen thousand, or less, the grand jury consists 
of five persons. In all other counties, there are seven mem- 
bers of the grand jury. It is further provided that when 
the grand jury consists of five members, eight shall be 
drawn, and when composed of seven members, twelve 
shall be chosen. This is to provide jurymen enough in 
case some are unable to attend on account of sickness, or 
for any other good reason are excused. 

Petit Jury. — In counties having a population of fif- 
teen thousand, or less, the number of petit jurors drawn is 
fifteen, unless the judge otherwise directs. In counties 
having a greater population, the number of petit jurors is 
twenty-four. Twelve of these are selected as a trial jury, 
unless objections are raised against them by one or both 
parties to the suit. A trial jury always consists of twelve 
members in the district court, and provision is made for in- 
creasing the number of persons from whom the jurors may 
be selected, if necessary. 



150 IOWA AND THE NATION. 

Selection Of JurOFS. — The method of selecting grand 
and petit jurors is practically the same. Every third 3-ear 
the assessor of each township is required to prepare a list 
of the names of all persons in the township who are not 
exempt from jury service. One copy of this list is filed with 
the township clerk, and another with the county auditor. 

The county auditor, clerk of the district court, and 
county recorder are entrusted with the care of selecting 
jurors. They are authorized to strike from the list of 
jurors returned the names of any who are by law exempt. 
A complete list of the names of all persons subject to 
jury service is made by these officers, and the names and 
addresses of all persons on the list are written on separate 
ballots. These ballots are all put into a box, sealed, and 
delivered to the clerk of the district court, except that in 
arranging the list of jurors from the city or town in which 
the court is held, every alternate ballot is put into a differ- 
ent box from the one containing the regular list. 

Talesmen. — This second box is called the talesman 
box, and in case it becomes necessary to go outside the 
regular list of jurors chosen for any term of court, selec- 
tions are made from this box. . The drawing of jurors is in- 
tended to be entirely impartial, and as names are drawn 
from either of the boxes referred to, they are put away for 
safe keeping, and not returned to the original boxes until all 
the other ballots have been drawn out. This prevents a 
person from being chosen for jury service too frequently. 
The sheriff summons the persons whose names have been 
drawn, and they must appear for duty at the next term of 
court unless excused by the judge. 

Compensation. — At the close of each term of court, 
the clerk of the court issues a certificate to each juror, 



IOWA AND THE NATION. 151 

showing the amount to which he is entitled for his services, 
and the auditor, upon the receipt of this certificate, is 
authorized to issue a warrant upon the county treasurer, 
without waiting for the board of supervisors to audit the 
claim. The compensation of grand and petit jurors is two 
dollars a day, for the time actually employed, and ten 
cents a mile for the necessary distance traveled in going 
to the place of meeting. Witnesses are paid one dollar 
and twenty-five cents a day, and the same mileage as jurors, 
for attendance upon sessions of the district court. 

Testimony. — The testimony given by witnesses in 
district courts is usually taken in short-hand by reporters 
appointed for that purpose. Each reporter is allowed com- 
pensation not to exceed six dollars a day for the time 
actually spent in attendance upon court. He is also allowed 
six cents for every one hundred words used in making- 
transcripts of the testimony taken in court. 

Superior Courts. — Cities having a population of 
seven thousand and upwards may establish courts, known 
as superior courts. These courts have in general the same 
jurisdiction as the district courts of the state, but they are 
limited to the cities in which they are established. Superior 
courts have not been popular, and Cedar Rapids, Keokuk, 
and Council Bluffs are the only cities that now maintain 
them. 



152 IOWA AND THE NATION. 



CHAPTER XXI. 
MISCELLANEOUS. 

Article VI. — Militia. 

Iowa National Guards. — All able-bodied male cit- 
izens of the state, between the ages of eighteen and forty- 
five years, except such as have served in the United States 
service and been honorably discharged, compose the militia. 
The general assembly has at different times passed such 
laws for arming, equipping, and training the militia, as 
have been necessary to comply with the regulations adopted 
by congress. At present, an annual appropriation of twenty 
thousand dollars is made to cover these and other expenses. 
All commissioned officers are elected by those subject to 
military duty, and commissioned by the governor. 

Organization. — The governor is commander-in-chief 
of the militia, and may call it ou+ at any time when the 
public safety requires it e His powers are limited to this 
state only, and he cannot send a member out of the state 
against his will. Practically, the militia is unorganized, 
only a small portion being trained and equipped for duty. 
There are but two brigades of volunteers, numbering m 
all about twenty-three hundred men, known as the "Iowa 
National Guards. " 

Article VII. — State Debts. 

Prohibition. — This article provides that the credit of 
the state cannot, in any manner, be given, or loaned, to any 



IOWA AND THE NATION. 153 

individual, association, or corporation, and the debts of 
individuals, associations, or corporations, cannot be assumed 
by the state, unless they were incurred for the benefit of 
the state in time of war. 

Limit of Debt. — The state may contract debts not to 
exceed two hundred and fifty thousand dollars to supply 
deficits in revenue, or to meet expenses not otherwise pro- 
vided for. Money borrowed on the credit of the state must 
be used for no other purpose than that for which it was 
obtained. 

Losses. — All losses to the permanent school or 
university fund which have been caused by defalcation 
or mismanagement, are audited by the proper authorities 
and form a permanent funded debt against the state 
for the benefit of the fund that has sustained the loss. 
Indebtedness created in this way does not form a part 
of that to which reference is made in the preceding- 
paragraph. 

War. — The state may also contract debts for its defense 
in time of war, insurrection, or invasion. During the late 
civil war, debts to the amount of three hundred and fifty 
thousand dollars were contracted in accordance with section 
four of this article, but they have all been paid, and the 
state is now practically out of debt. 

Special Debts. — Certain other debts may be author- 
ized by special act of the general assembly, but no law of 
this kind can take effect until it has been ratified by a 
majority vote of the people at a general election. After such 
a law has been approved by the people, the general assem- 
bly may repeal it, provided no debt has been created in 
the meantime, for the purpose for which the law was passed. 



154 IOWA AND THE NATION. 

Every law that imposes, continues, or revives a tax must 
state the object to which the tax is to be applied. 

Article VIII. — Corporations. 

Restrictions. — A corporation is an association of per- 
sons for the transaction of business under one firm name, or 
as a single person. Such associations are usually governed 
by a charter, the provisions of which define their powers and 
limit their responsibilities. This section provides that no 
corporation can be formed by special law, but the general 
assembly may, by general enactment, provide for the 
organization of various corporations. The state cannot be- 
come a stockholder in any organization of this character, 
and no liabilities can be assumed by the state, unless they 
were contracted in time of war. The property of all cor- 
porations for pecuniary use is subject to taxation the same 
as that of private citizens. 

Banking". — It is expressly provided that no political 
or municipal corporation can in any way become a stock- 
holder in an} T banking corporation, and no association of 
persons with banking powers can be formed until the law 
authorizing its establishment has been ratified by a majorit}' 
vote of the people at an election held at least three months 
after its enactment. The remainder of the section is de- 
voted to the discussion of certain provisions relating to 
banks and banking corporations. 

Article IX. — Education. 

Article Partly Abolished.— This article of the con- 
stitution provided that the board of education established 
by it might be abolished by act of the general assembly at 
any time after the year 1863. Such an act was passed the 
very next year, and the first part of this article has been of 



IOWA AND THE NATION. 155 

no effect since that time. The state departmen of edu- 
cation, under the direction of the superintendent of public 
instruction, has taken the place of the board of education. 
Several attempts have been made to revive this article of 
the constitution, but without success. 

School Funds and School Lands.— The second 
division of this article places the school funds and school 
lands under the control of the general assembly. The pro- 
ceeds arising from the rent or sale of the university lands 
constitute a fund for the use of the state university, and the 
interest arising from this fund is annually appropriated for 
the support and benefit of that institution. A history of 
the university will be found in the chapter entitled < 'State 
Institutions." 

School Fund. — By section three, very liberal appro- 
priations are made for the benefit of the common schools. 
The general assembly is instructed to encourage, by all suit- 
able means, the promotion of intellectual, scientific, moral, 
and agricultural improvement. The different sources from 
which the permanent school fund is derived, have been 
mentioned in another part of this volume. The money paid 
by persons for exemption from military duty, and the net 
proceeds of all fines collected in the several counties for 
any violation of the penal laws of the state, are applied for 
the benefit of the common schools in the counties in which 
the money is collected. All fines and forfeitures of this 
kind are distributed among the different school districts 
according to the number of persons of school age, to be used 
for the support of the schools, or the establishment of 
libraries. 

The financial agents of all school funds are the same as 
those authorised by law to receive and control the revenue 



156 IOWA AND THE NATION. 

of the state and of the different counties. The distribution 
of all money, except what is raised by direct tax, for the 
support of the common schools is made in proportion to the 
number of persons between the ages of five and twenty-one 
years. 



IOWA AN J) THE NATION. 157 



CHAPTER XXII 
ARTICLE X.— Amendments. 

Manner of Amending". — It is evident that no consti- 
tution can be prepared to meet the wants of all future times 
and generations. The best governments on earth are imper- 
fect, and require alterations from time to time. All con- 
stitutions provide for their own amendment, but the pro- 
cess differs in different states. The process of amending 
the constitution of this state is quite lengthy, but it insures 
the people against hasty action. An amendment may be 
proposed in either house of the general assembly, and, if a 
majority of all the members of each house favor it, it is 
entered upon both journals with the yeas and nays, and re- 
ferred to the next general assembly at its regular session. 
The amendment, as adopted by the first general assembly 
to which it was submitted, is published in the papers desig- 
nated by law, for three months previous to the election of 
members of the next general assembly. If ratified by a 
majority of the second general assembly, the proposition 
is then referred to the electors of the state, and if a majority 
of the votes cast are in favor of it, it becomes a part of the 
law of the state. 

Amendments Adopted. — The first amendment ex- 
tended the right of suffrage by striking the word ''white" 
from articles two, three, and six of the constitution. The 
second, or prohibitory amendment, was ratified by the peo- 
ple at a special election on the 27th of June, 1882, but it 



158 IOWA AND THE NATION. 

was declared unconstitutional by the supreme court. In 
November, 1884, four amendments were ratified by the 
people. The first changed the time of holding all general 
elections to the Tuesday next after the first Monday in 
November. The second gave the general assembly power to 
change the organization of the state for district court pur- 
poses. The third provided for abolishing the grand jury, 
or changing the number of members of that body to not less 
than five, nor more than fifteen, according to the decision 
of the general assembly. The fourth amended section 
thirteen of article five of the constitution, so as to abolish 
the office of district attorney and provide for the election of 
a county attorney in each county. 

ARTICLE XI.— Miscellaneous. 

Justices of the Peace. — Section one provides that 
the jurisdiction of justices of the peace shall extend to all 
civil cases (except chancery cases and real estate titles), 
where the amount does not exceed one hundred dollars. By 
the consent of both parties, the jurisdiction may be extended 
to any amount not exceeding three hundred dollars. 

New Counties. — The second section declares that no 
new count} T , containing less than four hundred and thirty- 
two square miles, can be created. The territory of any 
organized county cannot be reduced. below that size. Pro- 
vision is made for the organization of Worth and other 
counties lying to the west of it along the northern boundaiy 
of the state, without additional territory. An act of the 
general assembly passed in January, 1870, erected the 
county of Crocker from the northern three tiers of town, 
ships in Kossuth county, but the supreme court declared 
the act unconstitutional in December of the folio wins: year. 



IOWA AND THE NATION. 150 

Limit Of Indebtedness. — Section three provides 
that no county, or other political or municipal corporation, 
can become indebted in any manner, or for any purpose, to 
exceed the amount of five per cent, of the value of its tax- 
able property. The value of the property of the county or 
other corporation is determined by the last state and county 
tax-lists previous to the time the debt was incurred. 

Area.— The next section provides that the boundaries 
of the state may be enlarged, with the consent of congress 
and the general assembly. According to the latest surveys, 
the area of the state comprises fifty-six thousand and 
twenty-five square miles. There are ninety-nine counties, 
and all but twenty-seven of them have been organized since 
the state was admitted into the Union, as stated elsewhere. 

Oath of Office. — Section five is as follows: "Every 
person, elected or appointed to any office, shall, before 
entering upon the discharge of the duties thereof, take an 
oath or affirmation to support the constitution of the United 
States, and of this state, and also an oath of office. " The 
form of the oath is given elsewhere. The sixth section pro- 
vides that persons elected to fill vacancies in office shall 
serve for the remainder of the unexpired term only, and all 
persons appointed to fill vacancies in office shall hold until 
the next general election, and until their successors are 
elected and qualified. 

Capital, etc. — The seventh section prohibits the gen- 
eral assembly from locating any of the public lands which 
have been, or may be granted by congress to this state, upon 
lands actually settled, without the consent of the occupant. 
The last section establishes the seat of government perma- 
nently at Des Moines, in the county of Polk, and the State 
University at Iowa City, in Johnson county. 



160 IOWA AND THE NATION. 

ARTICLE XII —Schedule. 

Supreme Law. — The constitution is declared to be 
the supreme law of the state, and any law inconsistent with 
it shall be void. The general assembly was authorized to 
pass all laws necessary to carry the constitution into effect. 
All laws that were in force at the time the constitution was 
adopted, and not inconsistent with it, were to remain in 
force until they expired or were repealed. 

All proceedings of any character pending in the courts 
at the time the constitution was adopted, were to be 
prosecuted to final judgment and execution, and all offenses, 
misdemeanors, and crimes that were committed before 
the adoption of the constitution were to be subject to 
indictment, trial, and punishment in the same manner as 
they would have been, if the constitution had not been 
adopted 

Fines and Forfeitures. — All fines, penalties, or for- 
feitures due, or to become due, to the state, or to any 
county, or to the school fund, were reserved to the fund for 
which they were intended, in the manner prescribed by law 
All bonds executed to the state, or to any officer in his offi- 
cial capacity, were to inure to the use of those to whom 
they were given. 

General Provisions. — Sections six to eleven inclu- 
sive, contain provisions for the election of officers under 
the new constitution, and for the continuance in office of those 
chosen prior to its adoption. Section twelve authorized 
the general assembly to divide the state into eleven judicial 
districts, for district court purposes, and also to provide 
for the apportionment of members of the general assembly 
in accordance with the provisions of the new constitution. 



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IOWA AND THE NATION. 161 

Adoption of Constitution. — Section thirteen pre- 
scribes the plan to be pursued by the people in voting for 
or against the adoption of the new constitution. The last 
clause of the section is, ''And if it shall appear that a ma- 
jority of all the votes cast at such election for and against 
this constitution are in favor of the same, the governor 
shall immediately issue his proclamation stating that fact, 
and such constitution shall be the constitution of the state 
of Iowa, and shall take effect from and after the publica- 
tion of said proclamation." 

The fourteenth section provides for submitting to the 
people at the same election that the constitution is submit- 
ted, a proposition to amend the same by striking out the 
word "white" from the article on the right of suffrage. 

The election was held August 3, 1857, and a majority 
of the votes cast was found to be in favor of the adoption 
of the constitution. The proposed amendment was de- 
feated at this time, but, as stated in another place, it was 
adopted in 1868. The last section made the county of 
Mills a part of the sixth judicial district, until otherwise 
directed by law. 



11 



162 IOWA AND THE NATION, 



CHAPTER XXIII. 
HISTORY OF IOWA. 

Discovery. — The discovery of Iowa was made by two 
Frenchmen, James Marquette and Louis Joliette, in 1673. 
Iowa is an Indian name which means "The Beautiful Land," 
and the state seems to have been properly named. France 
laid claim to the territory along the Mississippi river, on 
account of the so-called right of discovery, and, for ninety 
years, Iowa belonged to France. In 1763 the French king 
ceded his possessions in the Mississippi valley to Spain, but 
Napoleon compelled that nation to make a secret cession of 
this territory to him, in 1801. In 1803, the United States 
bought from Napoleon the tract of land known as the Louisi- 
ana Purchase, for fifteen million dollars. The tract con- 
tained about a million square miles, and the purchase price 
amounted to less than two and one-half cents per acre. 

Settlement. — In 1788, Julien Dubuque obtained' per- 
mission from three chiefs of the Sacs and Foxes to dig for 
lead ore on the west bank of the Mississippi. The same 
year, he staked out a claim containing nearly two hundred 
square miles, and opened several mines which he con- 
tinued to work for more than twenty years. Dubuque, 
with his ten associates, formed the first settlement made b} T 
the whites in Iowa, and the city and county of Dubuque 
were named in his honor. Other Frenchmen settled along 
the Mississippi north of Dubuque, about the beginning of 
the present centuiy, but the settlements were very feeble. 



IOWA AND THE NATION. 163 

History Of Territory.— In 1804, the Louisiana Pur- 
chase was divided by the thirty- third parallel of north lati- 
tude, the southern part to be known as the territory of Orleans 
the northern part, as the district of Louisiana. The dis- 
trict of Louisiana, embracing the present states of Arkansas, 
Missouri, Iowa, and Minnesota, and the unexplored regions 
westward to the Rocky Mountains, was attached to Indiana, 
with William Henry Harrison for first governor. Bight 
years later, Iowa was organized as a part of the territory of 
Missouri. In 1821, when Missouri was admitted into the 
Union as a state, Iowa was left out in the cold, politically, 
and no provision was made for the remainder of the Louisi- 
ana Purchase until 1834, when it became a part of the ter- 
ritory of Michigan. This connection lasted but a short 
time, however, for two years later, Iowa became a part of 
the territory of Wisconsin, then formed. 

Iowa Territory. — In 1838, that part of the territory 
of Wisconsin lying west of the Mississippi was organized 
as the territory of Iowa, and Robert Lucas, of Ohio, was 
appointed first governor. Under his direction, the first 
census was taken, members of the legislature were chosen, 
and civil government in Iowa was begun. The act of con- 
gress that provided for the organization of this territorj 7- 
gave the governor full power to veto any and all acts of 
the legislature. 

Constitutional Convention.— In 1840, and again 

in 1842, attempts were made to call a convention to draft a 
state constitution, but without success In 1844, however, 
a convention called for this purpose, met in Iowa City, and 
drafted a constitution, which prescribed boundaries differ- 
ing very much from the present boundaries of Iowa. Within 
these limits was included a large part of what is now Minne- 



164 IOWA AND THE NATION. 

sota, as well as all of Iowa, except a small portion of the 
northwestern part of the state, embracing the counties of 
Lyon, Osceola, and Sioux, and parts of three or four ad- 
joining counties. 

Admission Into the Union. — These boundaries 
proved to be unsatisfactory to congress, and new ones were 
proposed by that body. The meridian of 17° 30' west from 
Washington was to be the western boundary, and the north- 
ern boundary was changed so as to limit the state in that 
direction also. In April, 1845, this constitution, owing to 
the dissatisfaction with regard to boundaries, was rejected 
by the people. After another unsuccessful attempt in the 
following year, a constitution with the present boundaries, 
which had been proposed by congress, was adopted August 
3, 1846, and December 28, of the same year, Iowa, the 
twenty-ninth state, was admitted into the Union. 

Early Settlers. — Reference has already been made 
to the early settlements in Iowa. The permanent settle- 
ment of the state did not begin until after the close of the 
Black Hawk war, in 1832. In June of the next year, peo- 
ple from Illinois, Wisconsin, and Michigan pushed across 
the Mississippi, and staked out claims at Fort Madison, 
Burlington, Davenport, and several other places along the 
river. 

A noted author, in speaking of these settlers, says: 
1 'The pioneers of Iowa, as a class, were a brave, hardy, in- 
telligent and enterprising people. Among those who have 
pioneered the civilization of the "West, and been founders of 
great states, none have ranked higher in the scale of intel- 
ligence and moral worth than the pioneers of Iowa who came 
to the territory when it was still an Indian country, and 
through hardship, privation, and suffering, laid the founda- 



IOWA AND THE NATION. 165 

tions of this great and prosperous commonwealth, which to- 
day dispenses her blessings to more than a million and a half 
of people. In all the professions, arts, industries, and enter- 
prises which go to make up a great and prosperous people, 
Iowa has taken and holds a front rank among her sister 
states of the West. " 

Indian Claims. — 'The territory obtained from the 
Indians by the Black Hawk Purchase extended along the 
Mississippi from the northern boundary of Missouri to the 
mouth of the Upper Iowa river. The strip averaged about 
fifty miles in width, and contained nearly six million acres, 
or about one-sixth of the present area of Iowa. 

Half-Breed Tract. — In a former treaty with the Sac 
and Fox Indians, a valuable tract of land, containing nearly 
one hundred and thirteen thousand acres, was reserved for 
the half-breeds of these tribes. This land was situated in 
what was afterwards the southern part of Lee county. The 
covetous eyes of land speculators were soon turned towards 
this reservation, and companies were formed for the pur- 
pose of purchasing the rights of the half-breeds to the soil. 
As might have been expected, conflicting claims arose, 
and several years were spent in litigation. At last, the 
supreme court appointed commissioners to settle the vex- 
ing question. These men divided the tract into one hun- 
dred and one shares, and the titles granted by them were 
afterwards declared valid by the courts. 

In 1842, the government made another treaty with the 
Sacs and Foxes, and by its terms gained possession of the 
remainder of the lands belonging to those tribes in Iowa. 
The Indians were to retain possession of the land till the 
first of May, 1843. This region had been thoroughly ex- 
plored by the whites, but the United States authorities had 



166 IOWA AND THE NATION. 

prevented any settlements from being made. As the time 
for the opening of the land to settlers drew near, hundreds 
of families encamped along the line, and by sundown of 
the first of May, over one thousand families had settled in 
this new territory. These settlers were simply squatters, 
for the lands occupied by them had never been survej^ed, 
and still belonged to the general government. 

Land Sale. — Under the laws of the United States 
then in force, all lands subject to settlement were to be 
offered at public sale and sold to the highest responsible 
bidder. If the land could not be sold for want of bidders, 
actual settlers acquired the right to enter it at the minimum 
price of a dollar and a quarter per acre. Many old settlers 
of Iowa are now living upon the land which they occupied 
before the land sale, as it was called. 

Growth. — When Iowa was admitted into the Union, 
there were twenty-seven organized counties, but immigra- 
tion had been so rapid that many of the one hundred thou- 
sand settlers had founded homes for themselves, even be- 
fore the lands were surveyed or the counties organized. 

Capitals. — The first session of the legislature of the 
territory of Iowa convened at Burlington, in 1839. Nearly 
all of its meetings .were held in the M. E. church of that 
place. In the early part of the session, three commission- 
ers were appointed to select a site for a permanent seat of 
government within the limits of Johnson county. The 
commissioners selected a section of land, caused it to be 
surveyed into town lots, and in accordance with an act of 
the legislature, named the place Iowa City. Work on the 
public buildings was begun at once, and on July 4, 1840, 
Glov. Lucas reported to the legislature that the foundation 
of the capitol was nearly completed. 



IOWA AND THE NATION. 167 

Monroe City. — At the first session of the state legis- 
lature, it was decided that Iowa City was too near the eastern 
boundary of the state for a permanent seat of government. 
It was accordingly determined to re-locate the capital at 
some point nearer the geographical center of the state. The 
commissioners appointed to select the new site chose five 
sections of land in the southwestern part of Jasper count} T , 
and called the town which they laid out, Monroe City. The 
public buildings at Iowa City were to be given to the State 
University, which had been established the year before. 

Des Moines. — But Monroe City did not thrive, and the 
legislature continued to meet at Iowa City. In 1855, an act 
was passed removing the capital to Des Moines, and, three 
years later, the legislature began its work at that place. In 
a few years the capitol building was found to be inadequate 
to the wants of the growing state, and, in 1870, the sum 
of one hundred and fifty thousand dollars was appropriated 
for a new building. Other appropriations amounting to 
more than two and one-half million dollars have since been 
made, and the new capitol is now completed. It is a mag- 
nificent building and the pride of the people of the entire 
state of Iowa. 



168 IOWA AND THE NATION. 



CHAPTER XXIV. 
STATE INSTITUTIONS. 

State University. — Iowa has been very liberal in es- 
tablishing the higher institutions of learning, and in pro- 
viding for the unfortunate of all classes. The state uni- 
versity is authorized by the constitution, and permanently 
located at Iowa City, in Johnson county. The other insti- 
tutions have been established by acts of the general assem- 
bly passed at different times in our history. 

Purpose. — The state university was established for the 
purpose of furnishing young men and women the best means 
of obtaining a liberal education. In order to foster higher 
education, congress, before Iowa was admitted into the 
Union, passed a law granting to new states two townships of 
land to aid in establishing a state university in each. When 
this land was sold, the money received became a permanent 
fund for the benefit of the university. This money is per- 
manently invested, and the interest on it is used for the 
support of the institution. 

Courses Of Study. — The university has five depart- 
ments — collegiate, law, medical, dental, and pharmaceutical. 
The collegiate department provides four courses of study — 
classical, philosophical, scientific, and engineering. A nor- 
mal course for the training of teachers is also supported. 
These courses are prepared with a view to meeting the wants 
of all who apply for admission as students, and who are 



IOWA AND THE NATION. 169 

qualified to carry on the work. There are about a thousand 
students in attendance. 

Board Of Regents. — The university is governed by a 
board of regents, and it can never be under the exclusive 
control of any religious denomination. The board of regents 
consists of the governor of the state, who is president of the 
board, the superintendent of public instruction, and one 
member from each congressional district. The first two are 
members by virtue of the offices held by them, and the 
others are elected by the general assembly, in joint conven- 
tion, for six years, one-third, as nearly as possible, being 
chosen at each regular session. 

Agricultural College. — The agricultural college and 
farm were provided for by the general assembly in 1858. 
Commissioners were soon afterwards appointed, and the site 
for the college was located at Ames, in Story county. In 
1862, congress passed a law granting to each state thirty 
thousand acres for each senator and representative the state 
had in congress. According to the provisions of this law, 
the agricultural college of Iowa received two hundred and 
forty thousand acres. This land was sold in after years, 
and the interest on the money received from the sale of it is 
used for the benefit of the school. The law of congress 
requires that the buildings must be erected and kept in 
repair at the expense of the state. 

Purpose. — The purpose of the school is to furnish 
instruction in the branches of study relating to agriculture 
and the mechanic arts, without excluding other classical and 
scientific studies. The courses provide for the systematic 
study of agriculture and dairying, veterinary science, civil, 
mechanical, and electrical engineering, and a four years' 
course for ladies. The tuition is free to all inhabitants of 



170 IOWA AND THE NATION. 

the state over sixteen years of age. The farm is an excellent 
one, and consists of nearly nine hundred acres of land 
specially suited to the needs of the school. An experiment 
station is maintained at the expense of the state. 

Board Of Trustees. — The management of the college 
is placed in the hands of a board of trustees of eleven 
members, one from each congressional district. The trustees 
are chosen by the general assembly in joint convention. 
They are divided into three classes as nearly equal as 
possible, and their term of office is six years. 

The State Normal School. — The state normal school 

was established by the general assembly in March, 1876, and 
the school was formally opened the following September. The 
buildings and grounds were the property of the state, they 
having been provided for the use of the soldiers' orphans' 
home some years before. The object of the school is to 
provide for the special instruction and training of teachers 
for the common schools of the state. 

Purpose. — The course of study embraces literature, 
mathematics, history, the elements of the sciences, and 
didactics. A preparatory department has recently been 
established. How to teach each branch of stud} 7 pursued 
is made a prominent feature in all the work of the school. 
This institution is in a very flourishing condition, and its 
influence is being felt in raising the standard of educa- 
tional work in the state. There are now about seven 
hundred students in attendance. 

Courses Of Study. — Four courses of study are now 
provided. The scientific course of four years is designed 
to prepare students for life diplomas. The didactic course 
of three j T ears includes all the branches upon which appli- 



IOWA AND THE NATION. 171 

cants are examined for state certificates. There are also 
special courses for college and high school graduates who 
desire to study the science and art of teaching. A con- 
tingent fee amounting to ten dollars a year is charged all 
students who intend to teach on leaving the school. There 
is no regular charge for tuition except to those who do not 
intend to teach. 

Board Of Directors. — The school is managed by a 
board of six directors, two being chosen at each regular 
session of the general assembly in joint convention, for a 
term of six years. The superintendent of public instruc- 
tion is, ex-ojicio, president of the board of directors. 

College for the Blind. — This college was opened 
for the reception of pupils at Iowa City, April 4, 1853. 
Five years later, the board of trustees met at Vinton, Ben- 
ton county, and, in accordance with law, began the erection 
of a suitable building in that place. In 1862, the building 
was so far completed, that the school, consisting of about 
forty pupils, was opened in it. The institution is under 
the management of a board of trustees six in number, three 
of whom are elected at each regular session of the general 
assembly for a term of four years. 

Admission. — All blind persons of suitable age, resi- 
dents of the state, may receive an education here free of 
charge, and residents of other states may be admitted upon 
the payment of their estimated expenses, quarterly in 
advance. No person from another state will be received 
to the exclusion of any resident of Iowa. 

Course Of Instruction. — The course of study in- 
cludes all the common branches and many others usually 
taught only in the best high schools. Music receives spe- 



172 IOWA AND THE NATION. 

cial attention, and musical instruments of all kinds have 
been provided for the instruction or amusement of the 
pupils. The girls are taught to sew, knit, crochet, weave, 
and to do many other useful things. The boys are taught 
to make brooms, weave carpets, and to do such other work 
as will enable them to be self-supporting. 

Industrial Home for the Blind.— In 1890 the gen- 
eral assembly provided for an industrial home for adult 
blind people of the state to enable them to earn their living. 
The home is located at Knoxville, Marion county. It is 
under the direction of a board of trustees consisting of six 
members, two being chosen at each session of the general 
assembly for a term of six years. 

Iowa School for the Deaf. — The institution for the 
deaf and dumb was established at Iowa City, in 1853, per- 
manently located at Council Bluffs, July 4, 1866, and re- 
moved to that place in 1871. Every deaf and dumb child 
in the state, of suitable age, is entitled to an education in 
this school, at the expense of the state. The instruction 
given is of a very practical nature, and the course of study 
embraces those branches that will be of the greatest benefit 
to the pupils. 

Board Of Trustees. — There are several work-shops 
connected with the institution, and its inmates are allowed 
to learn any of the trades represented. The trustees are 
elected by the general assembly, in joint convention, for 
six years, one at each regular session. The name of the 
institution was changed to ' 'The Iowa School for the Deaf, ' ' 
in 1892. 

Soldiers' Orphans' Home. — To Mrs. Annie Witten- 
meyer belongs the credit of securing a home for the soldiers' 



IOWA AND THE NATION. 173 

orphans of Iowa. In October, 1863, a convention was 
called to meet at Muscatine for the purpose of devising some 
means for the support and education of these children. A n 
association was formed and plans were perfected for solicit- 
ing contributions. A building at Lawrence, Van Buren 
county, was leased, and twenty-one orphans were admitted 
in July, 1864. The home was sustained by contributions 
until 1866, when the state assumed control of it. 

Trustees. — For a time, there was a soldiers' orphans' 
home at each of the following places: Cedar Falls, Black 
Hawk county, Glenwood, Mills county, and Davenport, Scott 
county. Only the one at Davenport has been retained, the 
building at Grlenwood having been converted to the use of 
the Institution for the Feeble-Minded, and the one at Cedar 
Falls to the use of the State Normal School. There are 
three trustees, one being chosen at each session of the gen- 
eral assembly for a term of six years . 

Hospitals for the Insane. — The first hospital for the 

insane, in Iowa, was authorized by the general assembly in 
1855, but it was not ready for use until six years later. It 
is located at Mt. Pleasant, Henry county. The second hos- 
pital for the insane was located at Independence, Buchanan 
county, in 1868, the third, at Clarinda, Page county, in 1884, 
and the site for the fourth has been procured at Cherokee, 
Cherokee county. 

Board of Commissioners. — In each county, there is 

a board of commissioners of insanity consisting of the clerk 
of the district court, and two others, who are appointed 
by the judge of the district court, one of whom must be a 
practicing lawyer, and the other, a practicing physician. All 
applications for the admissiou of insane persons to the hos- 
pitals must be made to these commissioners, After the 



174 IOWA AND THE NATION. 

person supposed to be insane is examined in the manner 
prescribed by law, the commissioners decide whether he 
shall be sent to the hospital, or not. The board and other 
expenses of the insane, are paid from the receipts of a tax 
levied for this purpose, by the supervisors of the respective 
counties. 

Trustees. — Each hospital for the insane is managed 
by a board of trustees consisting of five members. Two 
of the trustees are chosen at one session of the general 
assembly, and three at the next session. The term of each 
is four } T ears. 

Institution fop Feeble-Minded Children.— In the 

words of the statute, "The purposes of this institution- are 
to train, instruct, support, and care for feeble-minded 
children." It is located at G-lenwood, Mills county. The 
management is in the hands of a superintendent, who is ap- 
pointed by the board of trustees. He gives bonds for the 
faithful performance of his duties, in such a sum, as the 
trustees may direct. Every resident of the state, between 
the ages of five and eighteen years, who, by reason of defi- 
cient intellect, is rendered unable to acquire an education 
in the common schools, is entitled to the advantages offered 
by this institution, free of charge. 

Management, — The term "feeble-minded"' is intended 
to include idiotic children, and a separate department is 
provided for those who cannot be benefited by educational 
training. Any inmate of the institution ma} T be returned 
to the parent or guardian whenever the trustees may direct. 
The trustees are three in number, and they are chosen by 
the general assembly, one at each regular session for a term 
of six j'ears. 



IOWA AND THE NATION. 175 

Iowa Industrial School. — The first school of this 

kind in Iowa was established in Lee county, in March, 1868, 
and in October of the same year, the first inmate was re- 
ceived. In 1873, the school was removed to Eldora, Hardin 
county, and some time after, 1880, a law was passed 
removing the girls to a separate school at Mitchellville, Polk 
county. 

Purpose. — These schools are intended for the reform- 
ation of such boys and girls under eighteen years of age as 
may be committed to them. Any person under sixteen 
years of age, who is found to be guilty of any crime except 
murder, may be sent to this school upon the order of the 
judge of the court in which he was convicted. 

Management. — Instruction is given in ethics, and in 
such of the common school branches as the trustees prescribe. 
Each pupil is required to perform a certain amount of labor, 
which is varied according to his age, strength, and special 
ability. With the consent of the parents or guardians, pupils 
may be bound out to service until the time of their majority. 
The trustees, in whose care the schools are placed, are elec- 
ted by the general assembly, in joint convention, for a term 
of six years, one- third, as nearly as possible, being chosen 
at each seesion. They are five in number, and both schools 
are under the control of the same board. 

Penitentiaries. — In addition to the institutions al- 
ready mentioned, the state has been obliged to make provi- 
sions for restraining criminals, and especially those guilty 
of felony. Public offenses are of two kinds, felonies and 
misdemeanors. A felony is a crime which is punishable by 
imprisonment in the penitentiary. All other crimes are mis- 
demeanors. The first steps towards establishing a peniten- 
tiary were taken by the territorial legislature, in 1839, 



176 IOWA AND THE NATION. 

Directors were appointed to superintendent the construction 
of the building which was to be located at Ft. Madison, 
Lee count}*. An additional penitentiary was established 
at Anamosa, Jones county, by the Fourteenth General 
Assembly. In May. 1873, twenty convicts were transferred 
from the penitentiary at Ft. Madison to the new one at 
Anamosa. 

The building at the latter place is of stone, and much 
of the work of quarrying, as well as building was done by 
the convicts themselves. The discipline is rigid, but hu- 
mane. The convicts learn various trades, the work being 
done within the penitentiary with machines and tools 
belonging to the state. The labor of the convicts at 
Ft. Madison is sold to contractors. The penitentiary at 
Anamosa is used by the United States as a government 
prison. 

All female convicts in the state are sentenced to the 
Anamosa penitentiary. This penitentiary also has a ward 
for insane convicts, and all convicts adjudged insane are 
sent there. Each prison has an excellent library, and 
careful attention is given to the selection of books. 

Government. — Each penitentiary is under the control 
of a warden, who is subject to the governor of the state. 
The wardens are elected by joint ballot of the general 
assembly, and hold their offices two years. They are 
responsible for the government and discipline of the inmates 
of the prisons, and the receipts and disbursements of all 
moneys belonging to the institutions. The warden of each 
penitentiary is obliged to give bonds to the amount of fifty 
thousand dollars, for the faithful performance of his duties. 
He is obliged to report, once a month a complete statement 
of all official acts performed by him. since his last report, 



IOWA AND THE NATION. 177 

with a full account of the receipts and expenditures of the 
prison under his control. The other officers are the deputy 
warden, the chaplain, the physician, and the guards. 

Good Time. — Every prisoner sentenced to either of 
the penitentiaries for a term of years, or less, who does not 
violate the rules of discipline, is entitled to a reduction of 
his term of service. The new good time law went into effect 
July 4, 1890, by the terms of which prisoners are entitled 
to a reduction of one month for good behavior during the 
first year of sentence, two months for the second year, three 
for the third, four for the fourth, five for the fifth, and six 
months for each subsequent year of sentence. A propor- 
tional reduction is made for fractional parts of a year's sen- 
tence, and any prisoner who does not violate the discipline 
of the prison during his term of service is entitled to a 
restoration of his rights of citizenship. This restoration is 
granted by the governor, upon the certificate of the warden, 
that the person released did not violate any of the rules of 
the prison during his term of service. 

Soldiers' Home. — The Twenty-first General Assem- 
bly provided for the establishment of a soldier's home, 
and a committee, appointed by G-ov. Larrabee, located it at 
Marshalltown, Marshall county. The object of this insti- 
tution is to provide a home and subsistence for all honor- 
ably discharged soldiers, sailors, and marines who have 
served in the army or navy of the United States, and who 
are disabled by disease, wounds, or in any other way. Ap- 
plicants must have served in an Iowa regiment, or been a 
resident of the state of Iowa for three years previous to the 
time of making application for admission. 

Commissioners. — The supervision and government 
are placed in the hands of a board of commissioners, con- 
12 . 



178 IOWA VXD THE NATION. 

sistiiig of six members, appointed by the governor, by and 
with the consent of the senate. It is further provided that 
all members of the board shall be ex- Union soldiers, and 
that their term of office shall be six years from the first da}' 
of May following their appointment. The first board was 
separated by lot into three classes of two each, to serve 
for two, four and six years respectively. 



* « — i^pSF 1 ^ 



IOWA AND THE NATION. 17;> 



CHAPTER XXV. 

DISTRICT GOVERNMENT. 

Congressional Districts. — For convenience, the 
state is separated into districts for various purposes. United 
States senators are elected by the general assembly in joint 
convention, from the state at large. Representatives in the 
lower house of congress are apportioned among the several 
states according to their population, and Iowa now has eleven 
members in that house. The state is separated into eleven 
congressional districts, and the ratio of representation is one 
representative for every one hundred and seventy-three 
thousand, nine hundred and one persons in the United 
States, as determined by the last census. 

Senatorial Districts. — The state is separated into 
fifty senatorial districts, and each district elects one mem- 
ber of the state senate. There is at present no fixed ratio 
of representation for senatorial districts, but the intention 
is to form the districts so that each senator shall represent 
about twice as many inhabitants as a state representative 
does. 

Representative Districts. — There are ninety-one 
representative districts, and as these districts choose one 
hundred representatives, some of the districts must choose 
more than one member. There are nine districts that choose 
two members each. They are Lee, Des Moines, Pottawat- 
tamie, Polk, Scott, Clinton, Linn, Woodbury, and Dubuque 
counties. 



180 



IOWA AND THE NATION. 



Judicial Districts.— : There are nineteen judicial dis- 
tricts in the state. These districts are formed by act of the 
general assembly, and they are subject to change at any 
time by law. There is no basis of population for determin- 
ing the size of judicial districts. 

Table Of Districts. — The accompanying table will be 
found useful in studying the district organization of the 
state. In the proper columns, after each count}* name, will 
be found the number of each kind of district to which that 
county belongs. 

Counties of Iowa. 



Name. 



County Seat. 



Cong. 

Dist. 



Sen. 
Dist. 



Rep. 
Dist. 



Jud. 

Dist. 



Adair Greenfield 

Adams Corning 

Allamakee . . . Waukon 

Appanoose. . . Centerville. . . . 

Audubon .... j Audubon 

Benton ...... Vinton 

Black Hawk. . Waterloo 

Boone Boonesboro . . . 

Bremer Waverly 

Buchanan. . . . Independence . 
Buena Vista.. Storm Lake. . . 

Butler Allison 

Calhoun Rockwell City. 

Carroll 'Carroll 

Cass Atlantic 

Cedar jTipton 

Cerro Gordo. . Mason City. . . 

Cherokee .... Cherokee 

Chickasaw . . . Xew Hampton. 

Clark Osceola 

Clay Spencer 

Clayton Elkader 

Clinton Clinton 

Crawford .... Denison 



9 
8 
4 
8 
9 
5 
3 

10 
3 
3 

11 
3 

10 

10 
9 
5 
4 

11 
4 
8 

11 
4 

o 

10 



16 

6 
40 

o 
O 

17 
45 
38 
31 
39 
33 
50 
39 
27 
48 
18 
24 
43 
46 
44 
11 
47 
36 
22 
o4 



29 
13 
87 
4 
34 
49 

53 

72 
67 
77 
73 
61 
55 
30 
44 
84 
59 
86 
15 
82 
70 
45 
56 



5 

3 
13 

2 
15 
17 
10 
11 
12 
10 
14 
12 
16 
16 
15 
18 
12 

4 
13 

3 
14 
13 

7 
16 



IOWA AND TITE NATION. 



181 



Name. 



County Seat. 



Cong. 

DlST; 



Sen. 
Dist. 



Rep. 
Dist. 



Dallas 

Davis 

Decatur. . . 
Delaware . . 
Des Moines 
Dickinson. . 
Dubuque . . 
Emmet. . . . 
Fayette. . . . 

Floyd 

Franklin. . . 
Freemont . . 
Greene .... 
Grundy .... 
Guthrie . . . 
Hamilton . . 
Hancock. . . 
Hardin .... 
Harrison . . 

Henry 

Howard . . . 
Humboldt . 

Ida 

Iowa 

Jackson . . . 
Jasper .... 
Jefferson . . 
Johnson. . . 

Jones 

Keokuk. . . . 
Kossuth. . . 

Lee 

Linn 

Louisa .... 

Lucas 

Lyon 

Madison . . . 
Mahaska. . . 



Adel 

Bloomfield 

Leon 

Manchester .... 

Burlington 

Spirit Lake .... 

Dubuque 

Estherville 

West Union .... 
Charles City . . . 

Hampton 

Sidney 

Jefferson 

Grundy Center. 
G-uthrie Center. 
Webster City. . . 

Concord 

Eldora. ...... . 

Logan 

Mt. Pleasant . . . 

Cresco. . 

Dakota 

Ida Grove 

Marengo 

Maquoketa 

Newton 

Fairfield 

Iowa City 

Anamosa 

Sigourney 

Algona 

Keokuk and Ft. Madison 

Marion 

Wapello , 

Chariton , 

Rock Rapids 

Winterset 

Oskaloosa ...... 



7 


17 


36 


6 


3 


3 


8 


5 


6 


3 


33 


68 


1 


9 


21 


11 


47 


81 


3 


35 


69 


10 


47 


81 


4 


40 


71 


4 


44 


85 


3 


43 


74 


8 


7 


10 


10 


48 


54 


5 


38 


65 


9 


17 


35 


10 


37 


63 


10 


43 


75 


3 


37 


64 


9 


34 


32 


1 


10 


20 


4 


42 


89 


10 


50 


76 


11 


46 


57 


2 


25 


40 


2 


23 


46 


6 


29 


38 


1 


2 


19 


2 


25 


41 


5 


24 


47 


6 


12 


24 


10 


47 


83 


1 


1 


1 


5 


2G 


48 


1 


20 


22 


8 


4 


16 


11 


49 


80 


7 


16 


28 





14 


25 



182 



IOWA AND THE NATION. 



Name. 



County Seat. 



COXG. 
DlST. 



Sex. 
Dist. 



Rep. 
Dist. 



Marion .... 
Marshall. . . 

Mills 

Mitchell . . . 
Monona. . . 
Monroe .... 
Montgomery 
Muscatine . 
O'Brien. .. 
Osceola. ... 

Page 

Palo Alto . . 
Plymouth. . 
Pocahontas 

Polk 

Pottawattamie 
Poweshiek . . 
Ringgold . . . 

Sac 

Scott 

Shelby 

Sioux 

Story . 

Tama 

Taylor 

Union 

Van Buren. . 
Wapello .... 

Warren 

Washington . 

Wayne 

Webster. . . . 

Winnebago. . 
Winneshiek . 
Woodbury. . . 
Worth. ..... 

Wright 



Knoxville 

Marshalltown 

Grlenwood 

Osage 

Onawa 

Albia 

Red Oak 

Muscatine 

Primghar 

Sibley 

Clarinda 

Emmetsburg 

Le Mars 

Pocahontas Center. 

Des Moines 

Council Blurt's 

Montezum a 

Mt. Ayr 

Sac City 

Davenport 

Harlan 

Orange City 

Nevada. 

Toledo 

Bedford 

Af ton 

Keosauqua 

Ottumwa 

Indianola 

Washington 

Corydon 

Fort Dodge ....... 

Forest City 

Decorah 

Sioux City 

Northwood 

Clarion. 



7 


15 


5 


28 


9 


8 


4 


41 


11 


34 


6 


15 


9 


8 


2 


20 


11 


49 


11 


49 


8 


7 


10 


47 


H 


46 


10 


50 


7 


30 


9 


19 


6 


12 


8 


5 


11 


48 


2 


21 


9 


18 


11 


49 


7 


31 


5 


45 


8 


6 


8 


5 


1 


2 


6 


13 


7 


11 


1 


10 


8 


4 


10 


27 


10 


41 


4 


42 


11 


32 


4 


41 


3 


37 



26 
51 
11 
90 
57 
17 
12 
42 
80 
81 

9 
82 
78 
76 
37 
31 
39 

7 
60 
43 
33 
79 
52 
50 

8 
14 

2 
18 
27 
23 

5 
62 
91 
88 
58 
91 
75 



IOWA AND THE NATION. 18, c 



THE NATION. 

CHAPTER I. 

FORMS OF GOVERNMENT. 

Origin Of Government. — From the earliest history 
there have always been leaders among men, and from the 
apparent necessity for leaders in all classes and conditions 
of society, systems of governments have been developed. 
When there were few people on the earth, government 
was a simple matter, for when the interests of individuals 
seemed to conflict, trouble was avoided by the withdrawal 
of one to the right hand, and of the other to the left. 

Patriarchal. — The parental, or patriarchal, was very 
naturally the earliest form of government, and it is even 
now an essential element, in fact, the foundation of all good 
popular government. In early Jewish history, the theo- 
cratic form came into existence, and the ten command- 
ments, or decalogue, became the recognized constitution 
of that people. 

Monarchial. — When a crisis arose in the history of 
any nation, it was perfectly natural for the people to seek 
some prominent person from their own number to serve as 
their leader, or for some self-appointed leader to undertake 
the work of saving the nation. The monarchial form of 
government, or a government by one person, was easily 
developed from the parental form, and some of the most 
powerful governments of all ages have been monarchies. 



184 IOWA AND THE NATION. 

Powers of Monarch. — Monarchy is a general term, 
and the chief ruler is called a monarch. Special names are 
given the monarchs of different nations, as king, queen, 
emperor, czar, sultan, mikado, etc. The power of some 
monarchs is limited by law, while others are < l a law unto 
themselves." According to the power the sovereign has 
over his subjects, a monarchy is said to be limited or abso- 
lute. England and Germany are good examples of limited 
monarchies, and Russia is a notable example of an absolute 
monarchy. Turkey is in name a limited monarchy, but the 
power of the sultan is such as to make the government of 
that country an absolute monarchy. 

Title to Throne. — With reference to the title of a 
ruler to the throne, monarchies are either hereditary or 
elective. Elective monarchies have not been numerous at 
any time in the world's history, and, in fact, the idea of a 
popular election of a monarch seems, in the nature of 
things, an impossibility. In an hereditary monarchy, the 
succession to the throne is generally established in a royal 
family. The line of succession is from the father to the 
eldest son living. In some monarchies, if there are no sons 
living, the daughters of the sovereigns are considered in the 
line of succession, in the order of their ages, beginning with 
the eldest, while in others, no woman can succeed to the 
throne. 

Aristocracy. — An aristocracy is a necessary attendant 
upon monarchy. Aristocracy means a government by the 
best, and if the word could always be used in its literal 
sense, such a form of government would not be a very bad 
one. An inherited title of best is not always a sure sign of 
goodness, and some aristocracies, instead of being govern- 
ments by the best, have been governments by the worst. 



IOWA AND THE NATION. 185 

During the middle ages, and especially while the feudal 
system was in process of development, there grew up 
among the principal nations of Europe, a number of rich 
and powerful families that often exerted as great an influ- 
ence in governmental affairs as did the rulers themselves. 
Sometimes the nobles were not only "the power be- 
hind the throne," but they often usurped the power 
of the sovereign, and became, in reality, the rulers of the 
realm. 

English Nobility. — In England, an elaborate system 
of nobility is still maintained. It consists of members of 
the royal family, four archbishops of England and Ireland, 
dukes, marquises, earls, viscounts, and barons. 

Titles of Nobility. — A duke was at first a military 
leader, and it is easy to see that, in the development of an 
aristocracy, the successful leaders in battle should be given 
the highest place. Marquis was also a military title 
conferred upon an officer whose duty it was to guard the 
marches, or frontiers, of the kingdom. Earl is an Eng- 
lish title equivalent to that of count in Germany and other 
continental countries of Europe. The wife of an earl is 
called a countess. An earl had the right to rule over a 
division of the kingdom equivalent to a county. The earl 
often delegated his power to a vice-count, whose duties were 
quite like those of a sheriff. The vice-count, or viscount, is 
the title next lower in rank than earl. The barons had 
charge of smaller tracts of land than the earls, and they 
were, therefore, of lower rank. Baron is now the lowest 
order of nobility. 

" The Grand Model." — Only one attempt was ever 
made to establish an aristocratic form of government in the 
United States. The noted philosopher, John Locke, was 



186 IOWA AND THE NATION. 

employed to draft a constitution for the Carolinas, in 1672, 
but his < ; grand model" proved a grand failure. 

Democracy. — A democracy is a form of government 
in which, in theory at least, the will of the people is law. 
The term signifies the power of the people. A pure democ- 
racy is possible only in a country having a very limited 
area and a small population. The nearest approach to a 
democracy in this country is found in the New England 
town meeting and similar local gatherings in other sections. 

Republic. — A republic is a natural outgrowth of a 
democracy. It is impossible for a people, large in num- 
bers and occupying much territory, to meet at one place 
for the purpose of making laws. In a republic, the powers 
of the people are delegated to representatives chosen by the 
people themselves, or appointed in a manner approved by 
the people. 

Examples Of Republics. — The United States fur- 
nishes the best example of a republican form of govern- 
ment known to history. France, Switzerland, Andorra, 
and San Marino are the republics of Europe, but they differ 
in many respects from the United States. Mexico, the 
Central American states, and all the independent govern- 
ments of South America are republics. 

Settlements in United States. — For nearly a cen- 
tury after the discovery of America by Columbus, no per- 
manent settlements were made in what is now the United 
States. England, France, Spain, Sweden and Holland laid 
claim to territory along the Atlantic seaboard, and in the 
early part of the seventeenth century, settlements were 
made by each of those nations with a view to making good 
its claims to territory, on account of the so-called right of 
discovery. 



IOWA AND THE NATION. 187 

Conflicting 1 Claims. — It was not long until a conflict 
of claims to territory arose, and a century later, the strug- 
gle for supremacy came. England and France joined in a 
contest to decide which nation should direct the destinies of 
the new world. This contest, known as the French and 
Indian war, gave to England the control of that portion of 
the United States which is bounded by the Atlantic on the 
east, the chain of Great Lakes and Canada on the north, 
the Mississippi on the west, and the Spanish possessions 
of Florida on the south. 

Arbitrary Rule. — The English colonies in America 
had for many years chafed under the arbitrary rule of 
British kings. The expenses of the French and Indian war 
were heavy, and England thought to lighten the burden by 
taxing the colonies. The colonies objected to paying the 
taxes unless they were given representation in parliament. 
From 1760 to 1775, many obnoxious acts of parliament 
were passed, and early in the latter year, the Revolutionary 
war began. 



388 IOWA AND THE NATION. 



CHAPTER IT. 

ORIGIN OF UNITED STATES GOVERNMENT. 

Colonial Congress. — The first colonial congress of 
the colonies met at New York in October, 1765, and 
although only nine colonies were represented, much good 
was accomplished. This congress drew up a declaration of 
their rights as colonies, and petitioned the king to remedy 
the wrongs of which they complained. 

Continental Congresses. — The first continental con- 
gress met at Philadelphia, September 5, 1774. The condi- 
tion was becoming serious, and the beginning of open hos- 
tilities seemed near at hand. 

May 10, 1775, the second continental congress met at 
Philadelphia. Its members were representatives of the 
various colonies, with power to do what seemed expedient 
for the common good. This congress remained in session 
most of the time until the close of the war, in 1783. 

Declaration of Independence. — In June, 1776, 

Richard Henry Lee introduced a resolution into congress, 
asserting ' ' That these united colonies are, and of right, 
ought to be, free and independent states ; that they are 
absolved from all allegiance to the British crown, and that 
all political connections between them and the state of 
Great Britain is and ought to be totally dissolved." 

' < That a plan of confederation be prepared, and trans- 
mitted to the respective colonies for their consideration and 
approbation." 



IOWA AND THE NATION. 189 

Adoption. — These resolutions were but the forerunner 
of the actual Declaration of Independence, which was 
adopted by congress July 4, 1776. 

Ratified by Colonies. — The committee appointed to 
draft the Declaration consisted of Thomas Jefferson of Vir- 
ginia, Benjamin Franklin of Pennsylvania, Robert R. Liv- 
ingston of New York, Roger Sherman of Connecticut, and 
John Adams of Massachusetts. Jefferson wrote the Declar- 
ation, but a few changes in the wording of it were made by 
Adams and Franklin. The discussion on the adoption of 
the document was long and earnest, but after much debate 
it was finally adopted by twelve of the colonies. The dele- 
gates from New York declined to vote in favor of adopting 
the Declaration, although they signed it with the others, 
at the appointed time. The signers of the Declaration of 
Independence are often called " The Immortal Fifty-six." 

Union of Colonies. — As soon as the Declaration was 
adopted, congress began to take steps leading to a confede- 
ration of the colonies. Early in June, 1776, a committee 
was appointed to draft a plan of government in case inde- 
pendence should be decided upon. Shortly after the de- 
claration was adopted, this committee made its report. A 
long discussion followed, and it was not until November 15, 
1777, that the Articles of Confederation were adopted. 

Adoption of Articles of Confederation. — This 

plan for the government of the United States was submit- 
ted to the colonies at once, and the assent of twelve was soon 
obtained. One of the provisions of the plan was, that the 
articles were not to be binding upon any of the colonies 
until all had ratified them. Maryland refused her assent 
at first, and it was not until March 1, 1781, that the dele- 
gates to congress from that state signed the compact.. On 



190 10 "A" A AND THE NATION. 

the following da}', congress assembled under the new form 
of government. 

Provisions. — Many of the provisions of the articles 
of confederation seem strange to us, until we consider that 
the whole plan of the new government was an experiment. 
The framers of the plan had no model which they could 
follow. The work was entirely new, and while it resulted 
in little less than a failure, that very fact enabled the 
founders of the new constitutional government, a few years 
later, to profit by the failures of the old in making strong 
the new. 

Same. — The articles of confederation provided for a 
firm league of friendship among the states. But even 
before the new government went into effect, disputes arose 
between neighboring colonies, and the common danger that 
threatened them, in case they were unsuccessful in the war 
in which they were then engaged, alone prevented civil war. 

Congress the Government. — Instead of the three 
branches of government to which we are accustomed, the 
articles of confederation provided for but one branch, the 
legislative, and the congress consisted of only one house. 

Peculiarities, — There was no president, vice-president 
or cabinet, and no system of courts. Members of congress 
could serve only three years in any period of six years. There 
was no provision for a general treasury, and the delegates to 
congress were paid by their respective states. All the mem- 
bers of congress were elected for one year, but any state 
might recall any or all of its delegates whenever it chose to do 
so. No state could have less than two nor more than seven 
members. Each state had but one vote, and the delegates 
were obliged to agree upon a proposed measure, or run the 
risk 1 of havins; the state lose its vote. 



IOWA AND THE NATION. 191 

Defects. — The principal defect in the articles of con- 
federation was, that they gave the general government very 
little power. Congress could declare war, but it could not 
raise an army to carry it on. It could apportion the num- 
ber of troops to be raised among the several states, but it 
could go no farther. In the language of a noted statesman, 
' ' Congress has the power to declare everything, but it can 
do nothing. 1 ' 

Condition Of the Country. — Such a condition could 
not last long. The nation was on the verge of anarchy. At 
the close of the war, there were only twenty delegates serv- 
ing in congress from all the colonies, and these were often 
disheartened by the difficulties which confronted them. 

Revision. — The first action taken for the purpose of 
strengthening the general government was a resolution 
adopted by the legislature of Massachusetts, in 1785. A 
convention of delegates from all the colonies was recom- 
mended, but no definite action followed. Later in the year, 
commissioners from Maryland and Virginia met at Alex- 
andria to settle some disputes about the boundary line 
between those states. These commissioners discussed the 
serious condition of the nation at large, and before adjourn- 
ing, they recommended that a national commission be ap- 
pointed to settle similar disputes among all the states. 

Annapolis Convention. — In 1786, a trade conven- 
tion met at Annapolis, Maryland, to consider the commer- 
cial interests of the United States. Only five states were 
represented in this convention, and nothing definite was 
accomplished by it. Before adjourning, however, the con- 
vention recommended that commissioners be appointed by 
each of the states to meet in convention, at Philadelphia, 
on the second Monday in May, 1787. 



192 IOWA AND THE NATION. 

Action Of Congress. — In February, 1787, congress 
passed a resolution urging the states to appoint delegates 
to the Philadelphia meeting, for the sole purpose of revis- 
ing the articles of confederation. The appointment of dele- 
gates was made, but owing mainly to difficulties of travel, 
but a small number had reached Philadelphia at the time 
appointed. The convention was organized on the twenty- 
fifth of May, by the election of George "Washington as chair- 
man. 

Delegates. — Each state had selected some of its ablest 
men to be delegates to this convention. Rhode Island 
alone refused to be represented. George Washington, Ben- 
jamin Franklin, Robert Morris, Governeur Morris, James 
Madison, Alexander Hamilton, James Wilson, Charles 
Cotesworth Pinckney, Rufus King, William Livingston, and 
Roger Sherman were some of the most distinguished mem- 
bers. 

Tribute to Members. — James Madison, in the jour- 
nal of the convention as kept by him, says, ' ' There never 
was an assembly of men, charged with a great and arduous 
trust, who were more pure in their motives, or more exclu- 
sively or anxiously devoted to the object committed to 
them, than were the members of the constitutional conven- 
tion of 1787, to the object of devising and proposing a con- 
stitutional system, which should best supply the defects of 
that which it was to replace, and best secure the permanent 
liberty and happiness of their country." 

Plans of Government. — Edmund Randolph and 
Charles Pinckney proposed separate plans for the new form 
of government. These plans were discussed, amended by 
additions and substitutions, and so thoroughly changed 
that the constitution in its final form bore little resemblance 



IOWA AND THE NATION. 193 

to the original. Each state furnished some valuable part 
of the constitution from its own experience. 

The Convention. — The convention remained in ses- 
sion till September 17, 1787, four months and three days 
from the time appointed for its meeting. The work of the 
convention was so satisfactory that only three members, 
Edmund Randolph, John Mason, and Elbridge Gerry, re- 
fused to sign the constitution. 

Quotation. — "Whilst the last members were signing, 
Doctor Franklin, looking towards the president's chair, at 
the back of which a rising sun happened to be painted, 
observed to a few members near him, that painters had 
found it difficult to distinguish in their art, a rising from a 
setting sun. ' I have, ' said he, ' often and often, in the 
course of the session, and the vicissitudes of my hopes and 
fears as to its issue, looked at that behind the president, 
without being able to tell whether it was rising or setting; 
but now at length, I have the happiness to know, that it is 
a rising and not a setting sun.' " 



13 



194 IOWA AND THE NATION. 



CHAPTER III. 

CONSTITUTION OF THE UNITED STATES. 

(1) We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tranquillity, 
provide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this constitution for the United States of 
America. 

ARTICLE I. 

SECTION I. 

(2) All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate and 
house of representatives. 

SECTION II. 

(3) The house of representatives shall be composed of mem- 
bers chosen every second year by the people of the several states, 
and the electors in each state shall have the qualifications requi- 
site for electors of the most numerous branch of the state legisla- 
ture. 

(4) No person shall be a representative who shall not have 
attained the age of twenty-five years, and been seven years a citi- 
zen of the United States, and who shall not, when elected, be an 
inhabitant of that state in which he shall be chosen. 

(5) Representatives and direct taxes shall be apportioned 
among the several states which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and exclud- 
ing Indians not taxed, three-fifths of all other persons. The actual 
enumeration shall be made within three years after the first meet- 
ing of the congress of the United States, and within every subse- 



IOWA AND THE NATION. 195 

quent term, of ten years, in such manner as they shall by law 
direct. The number of representatives shall not exceed one for 
every thirty thousand, but each state shall have at least one repre- 
sentative ; and until such enumeration shall be made, the state of 
New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina five, 
and Georgia three. 

(6) When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of election 
to fill such vacancies. 

(7) The house of representatives shall choose their speaker 
and other officers, and shall have the sole power of impeachment. 

SECTION III. 

(8) The senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, for six 
years ; and each senator shall have one vote. 

(9) Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as maybe 
into three classes. The seats of the senators of the first class shall 
be vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year, and of the third class, 
at the expiration of the sixth year, so that one-third may be 
chosen every second year ; and if vacancies happen by resignation 
or otherwise during the recess of the legislature of any state, the 
executive thereof may make temporary appointments until the next 

meeting of the legislature, which shall then fill such vacancies. 

(10) No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that state for which he shall be chosen. 

(11) The vice-president of the United States shall be president 
of the senate, but shall have no vote, unless they be equally di- 
vided . 

(12) The senate shall choose their other officers, and also a 
president pro tempore in the absence of the vice-president, or when 
he shall exercise the office of president of the United States, 



196 IOWA AND THE NATION. 

(13) The senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose they shall be on oath or 
affirmation. When the president of the United States is tried, the 
chief justice shall preside ; and no person shall be convicted with- 
out the concurrence of two- thirds of the members present. 

(14) Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to hold 
and enjoy any office of honor, trust, or profit under the United 
States ; but the party convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment, and punishment, accord- 
ing to law. 

SECTION IV. 

(15) The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each state by 
the legislature thereof ; but the congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
senators. 

(16) The congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, un- 
less they shall by law appoint a different day. 

SECTION V. 

(17) Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business ; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under 
such penalties, as each house may provide. 

(18) Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the concur- 
rence of two-thirds, expel a member. 

(19) Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may 
in their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

(20) Neither house during the session of congress shall, with- 
out the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be sitting. 



IOWA and the: nation. 197 

SECTION VI. 

(21) The senators and representatives shall receive a compen- 
sation for their services, to be ascertained by law and paid out of 
the treasury of the United States. They shall, in all cases except 
treason, felony, and breach of the peace be privileged from arrest 
during their attendance at the session of their respective houses, 
and in going to and returning from the same ; and for any speech 
or debate in either house they shall not be questioned in any 
other place. 

(22) No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased during such 
time ; and no person holding any office under the United States 
shall be a member of either house during his continuance in 
office. 

SECTION VII. 

(23) All bills for raising revenue shall originate in the house 
of representatives ; but the senate may propose or concur with 
amendments as on other bills. 

(24) Every bill which shall have passed the house of repre- 
sentatives and the senate shall, before it becomes a law, be pre- 
sented to the president of the United States ; if he approve, he 
shall sign it, but if not he shall return it, with his objections, to 
that house in which it shall have originated, who shall enter the 
objections at large on their journal and proceed to reconsider it. 
If after such reconsideration two-thirds of that house shall agree 
to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and 
if approved by two-thirds of that house it shall become a law. 
But in all such cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the president 
within ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he had 
signed it, unless the congress by their adjournment prevent its 
return, in which case it shall not be a law. 



198 IOWA AND THE NATION. 

(25) Every order, resolution, or vote to which the concurrenc 
of the senate and house of representatives may be necessary (ex- 
cept on a question of adjournment) shall be presented to the pre- 
sident of the United States ; and before the same shall take effect 
shall be approved by him, or being disapproved by him, shall be 
repassed by two-thirds of the senate and house of representatives, 
according to the rules and limitations prescribed in the case of a 
bill. 

SECTION VIII. 

(26) The congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for the 
common defence and general welfare of the Uuited States ; but all 
duties, imposts, and excises shall be uniform throughout the 
United States ; 

(27) To borrow money on the credit of the United States ; 

(28) To regulate commerce with foreign nations and among 
the several states, and with the Indian tribes ; 

(29) To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the United 
States ; 

(30) To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

(31) To provide for the punishment of counterfeiting the se- 
curities and current coin of the United States ; 

(32) To establish post-offices and post-roads ; 

(33) To promote the progress of science and useful arts by 
securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries ; 

(34) To constitute tribunals inferior to the supreme court ; 

(35) To define and punish piracies and felonies committed on 
the high seas and offences against the law of nations ; 

(36) To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

(37) To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years ; 

(38) To provide and maintain a navy ; 



IOWA AND THE NATION. 199 

(39) To make rules for the government and regulation of the 
land and naval forces ; 

(40) To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions ; 

(41) To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the states respec- 
tively the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by con- 
gress. 

(42) To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, by ces- 
sion of particular states and the acceptance of congress, become 
the seat of the government of the United States, and to exercise 
like authority over all places purchased by the consent of the 
legislature of the state in which the same shall be, for the erection 
of forts, magazines, arsenals, dockyards, and other needful build- 
ings ; and 

(43) To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this constitution in the government of the 
United States, or in any department or officer thereof. 

SECTION IX. 

(44) The migration or importation of such persons as any of 
the states now existing shall think proper to admit shall not be 
prohibited by the congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

(45) The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the public 
safety may require it. 

(46) No bill of attainder or ex post facto law shall be passed. 

(47) No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

(48) No tax or duty shall be laid on articles exported from 
any state. 



200 IOWA AND THE NATION. 

(49) No preference shall be given by any regulation of com- 
merce or revenue to the ports Of one state over those of another ; 
nor shall vessels bound to or from one state be obliged, to enter, 
clear, or pay duties in another. 

(50) No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

(51) No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under them 
shall, without the consent of the congress, accept of any present, 
emolument, office, or title, of any kind, whatever, from any king 
prince, or foreign state. 

section x. 

(52) No state shall enter into any treaty, alliance, or confede- 
ration ; grant letters of marque and reprisal; coin money; emit 
bills of credit ; make anything but gold and silver coin a tender 
in payment of debts ; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts, or grant any title of 
nobility. 

(53) No state shall, without the consent of congress, lay any 
imposts or duties on imports or exports, except what may be ab- 
solutely necessary for executing its inspection laws , and the net 
produce of all duties and imposts, laid by any state on imports or 
exports, shall be for the use of the treasury of the United States ; 
and all such laws shall be subject to the revision and control of 
the congress. 

(54) No state shall, without the consent of congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another state or with a 
foreign power, or engage in war, unless actually invaded or in such 
imminent danger as will not admit of delay. 

AETICLE II. 



(55) The executive power shall be vested in a president of the 
United States of America. He shall hold his office during the 



IOWA AND THE NATION. 201 

term of four years, and together with the vice-president, chosen 
for the same term, be elected as follows : 

(56) Each state shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may be 
entitled in the congress ; but no senator or representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective states and vote by 
ballot for two persons, of whom one at least shall not be an inhab- 
itant of the same state with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and transmit sealed to 
the seat of government of the United States, directed to the presi- 
dent of the senate. The president of the senate shall, in the pres- 
ence of the senate and house of representatives, open all the cer- 
tificates; and the votes shall then be counted. The person having 
the greatest number of votes shall be the president, if such num- 
ber be a majority of the whole number of electors appointed; and 
if there be more than one who have such majority, and have an 
equal number of votes, then the house of representatives shall 
immediately choose by ballot one of them for president ; and if no 
person have a majority, then from the five highest on the list the 
said house shall in like manner choose the president. But in 
choosing the president the votes shall be taken by states, the rep- 
resentation from each state having one vote ; a quorum for this 
purpose shall consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be necessary to a 
choice. In every case, after the choice of the president, the per- 
son having the greatest number of votes of the electors shall be 
the vice president. But if there should remain two or more who 
have equal votes, the senate shall choose from them by ballot the 
vice-president.] 

(57) The congress may determine the time of choosing the 
electors and the day on which they shall give their votes, which 
day shall be the same throughout the United States. 

(58) No person except a natural born citizen, or a citizen of 
he United States at the time of the adoption of this constitution, 
shall be eligible to the office of president ; neither shall any per- 



202 IOWA AND THE NATION. 

son be eligible to that office who shall not have attained to the 
age of thirty-five years, and been fourteen years a resident within 
the United States. 

(59) In case of the removal of the president from office, or of 
his death, resignation or inability to discharge the powers and 
duties of the said office, the same shall devolve on the vice-presi- 
dent, and the congress may by law provide for the case of removal, 
death, resignation or inability, both of the president and vice- 
president, declaring what officer shall then act as president, and 
such officer shall act accordingly until the disability be removed 
or the president shall be elected. 

(60) The president shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor 
diminished during the period for which he may have been elected, 
and he shall not receive within that period any other emolument 
from the United States or any of them. 

(61) Before he enter on the execution of his office he shall 
take the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute 
the office of president of the United States, and will to the best of 
my ability preserve, protect and defend the constitution of the 
United States." 

This clause of the constitution has been amended. See twelfth article of 
the amendments. 

SECTION II. 

(62) The president shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several 
states when called into the actual service of the United States; 
he may require the opinion, in writing, of the principal officer in 
each of the executive departments upon any subject relating to 
the duties of their respective offices, and he shall have power to 
grant reprieves and pardons for offences against the United States, 
except in cases of impeachment. 

(63) He shall have power, by and with the advice and consent 
of the senate, to make treaties, provided two-thirds of the senators 
present concur ; and he shall nominate, and, by and with the 
advice and consent of the senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the supreme court, and all 



IOWA AND THE NATION. 203 

other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 
law ; but the congress may by law vest the appointment of such 
inferior officers as they think proper, in the president alone, in 
the courts of law or in the heads of departments. 

(64) The president shall have power to fill up all vacancies 
that may happen during the recess of the senate, by granting com- 
missions which shall expire at the end of their next session. 

SECTION III. 

(65) He shall from time to time give to the congress informa- 
tion of the state of the Union, and recommend to their considera- 
tion such measures as he shall judge necessary and expedient; he 
may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive ambassadors and other 
public ministers ; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United States. 

SECTION IV. 

(66) The president, vice-president, and all civil officers of the 
United States shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and mis- 
demeanors. 

ARTICLE III. 

SECTION I. 

(67) The judicial power of the United States shall be vested 
n one supreme court, and in such inferior courts as the congress 
may from time to time ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their offices during 
good behavior, and shall, at stated times, receive for their services 
a compensation which shall not be diminished during their con- 
tinuance in office. 

SECTION II. 

(68) The judicial power shall extend to all cases in law an 
equity arising under this constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 



204 IOWA AND THE NATION. 

authority ; to all cases affecting ambassadors, other public ministers 
and consuls ; to all cases of admiralty and maritime jurisdiction ; 
to controversies to which the United States shall be a party ; to 
controversies between two or more states ; between a state and 
citizens of another state; between citizens of different states; 
between citizens of the same state claiming lands under grants of 
different states, and between a state, or the citizens thereof, and 
foreign states, citizens or subjects. 

(69) In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be a party, the su- 
preme court shall have original jurisdiction. In all the other cases 
before mentioned the supreme court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions and under such 
regulations as the congress shall make. 

(70) The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the state where 
the said crimes shall have been committed; but when not com- 
mitted within any state, the trial shall be at such place or places 
as the congress may by law have directed. 

SECTION III. 

(71) Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

(72) The congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person attained. 

ARTICLE IV. 

SECTION I. 

(73) Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other state. 
And the congress may by general laws prescribe the manner in 
which such acts, records, and proceedings shall be proved, and the 
effect thereof. 

SECTION II. 

(74) The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 



IOWA AND THE NATION. 205 

(75) A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in another 
state, shall, on demand of the executive authority of the state from 
which he fled, be delivered up, to be removed to the state having 
jurisdiction of the crime. 

(76) No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such 
service or labor may be due. 

SECTION III. 

(77) New states may be admitted by the congress into this 
Union ; but no new state shall be formed or erected within the 
jurisdiction of any other state; nor any state be formed by the 
junction of two or more states or parts of states, without the con- 
sent of the legislatures of the states concerned as well as of the 
congress. 

(78) The congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this con- 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular state. 

SECTION IV. 

(79) The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of 
them against invasion, and on application of the legislature, or of 
the executive (when the legislature cannot be convened), against 
domestic violence. 

ARTICLE V. 

(80) The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this constitution, 
or, on the application of the legislatures of two- thirds of the 
several states, shall call a convention for proposing amendments, 
which in either case shall be valid to all intents and purposes as 
part of this constitution, when ratified by the legislatures of three- 
fourths of the several states, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro- 



206 IOWA AND THE NATION. 

posed by the congress, provided that no amendments which may- 
be made prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in the ninth 
section of the first article ; and that no state, without its consent, 
shall be deprived of its equal suffrage in the senate. 

ARTICLE VI. 

(81) All debts contracted and engagements entered into, be- 
fore the adoption of this constitution shall be as valid against the 
United States under this constitution as under the confederation. 

(82) This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
state shall be bound thereby, anything in the constitution or laws 
of any state to the contrary notwithstanding. 

(83) The senators and representatives before mentioned, and 
the members of the several state legislatures, and all executive and 
judicial officers, both of the United States and of the several states, 
shall be bound by oath or affirmation to support this constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

(84) The ratification of the conventions of nine states shall be 
sufficient for the establishment of this constitution between the 
states so ratifying the same. 

Done in convention by the unanimous consent of the 
states present, the seventeenth day of September, in the 
year of our Lord one thousand seven hundred and eighty- 
seven, and of the independence of the United States of 
America the twelfth. In witness whereof, we have here- 
unto subscribed our names. 

George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Oilman. 
Massachusetts — Nathaniel Gorman, Rufus King. 
Connecticut — William Samuel Johnson, Roger Sherman, 
New York— Alexander Hamilton. 



IOWA AND THE NATION. 207 

New Jersey — William Livingston, David Brearly, William Patter- 
son, Jonathan Dayton. 
Pennsylvania — Benjamin Franklin,Thomas Mifflin, Robert Morris, 

George Clymer, Thomas Fitzsimons, Jared Ingersoll, James 

Wilson, Gouverneur Morris. 
Delaware — George Read, Gunning Bedford, Jr., John Dickinson, 

Richard Bassett, Jacob Broom. 
Maryland — James McHenry, Daniel of St. Thomas Jenifer, Daniel 

Carroll. 
Virginia — John Blair, James Madison, Jr. 
North Carolina — William Blount, Richard Dobbs Spaight, Hugh 

Williamson. 
South Carolina — John Rutledge, Charles Cotesworth Pinckney, 

Pierce Butler. 
Georgia — William Few, Abraham Baldwin. 

Attest : William Jackson, Secretary. 

AMENDMENTS. 

ARTICLE I. 

(85) Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech or of the press ; or the right of the people 
peaceably to assemble, and to petition the government for a 
redress of grievances. 

ARTICLE II. 

(86) A well-regulated militia being necessary to the security 
of a free state, the right of the people to keep and bear arms shall 
not be infringed. 

ARTICLE III. 

(87) No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, but 
in a manner to be prescribed by law. 

ARTICLE IV. 

(88) The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable search os and 
seizures, shall not be violated, and no warrants shall issue but 



208 IOWA AND THE NATION. 

upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the person or 
things to be seized. 

ARTICLE V. 

(89) No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war or public 
danger ; nor shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb ; nor shall be compelled in 
any criminal case to be a witness against himself, nor be deprived 
of life, liberty, or property, without due process of law ; nor shall 
private property be taken for public use without just compensa- 
tion. 

ARTICLE VI. 

(90) In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the state 
or district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory pro- 
cess for obtaining witnesses in his favor, and to have the assist- 
ance of counsel for his defence. 

ARTICLE VII. 

(91) In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise re-examined 
in any court of the United States, than according to the rules of 
the common law. 

ARTICLE VIII. 

(92) Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

(93) The enumeration in the constitution of certain rights 
shall not be construed to deny or disparage others retained by the 
people. 



IOWA AND THE NATION. 209 

ARTICLE X. 

(94) The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved to the 
states respectively or to the people. 

ARTICLE XL 

(95) The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 

ARTICLE XII. 

(96) The electors shall meet in their respective states and vote 
by ballot for president and vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves; they 
shall name in their ballots the person voted for as president, and 
in distinct ballots the person voted for as vice-president, and they 
shall make distinct lists of all persons voted for as president and 
of all persons voted for as vice-president, and of the number of 
votes for each ; which lists they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United States, 
directed to the president of the senate. The president of the sen- 
ate shall, in the presence of the senate and house of representa- 
tives, open all the certificates and the votes shall then be counted. 
The person having the greatest number of votes for president, 
shall be the president, if such number be a majority of the whole 
number of electors appointed ; and if no person have such a ma- 
jority, then from the persons having the highest numbers not 
exceeding three on the list of those voted for as president, the 
house of representatives shall choose immediately, by ballot, the 
president. But in choosing the president the votes shall be taken 
by states, the representation from each state having one vote; a 
quorum for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of all the states shall 
be necessary to a choice. And if the house of representatives 
shall not choose a president whenever the right of choice shall 
devolve upon them, before the fourth day of March next follow- 
ing, then the vice-president shall act as president, as in the case 
of the death or other constitutional disability of the president. 

U 



210 IOWA AND THE NATION. 

(97) The person having the greatest number of votes as vice- 
president shall be the vice-president, if such number be a majority 
of the whole number of electors appointed ; and if no person have 
a majority, then from the two highest numbers on the list the 
senate shall choose the vice-president ; a quorum for the purpose 
shall consist of two-thirds of the whole number of senators, and a 
majority of the whole number shall be necessary to a choice. But 
no person constitutionally ineligible to the office of president shall 
be eligible to that of vice-president of the United States. 

ARTICLE XIII. 

(98) Section 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States or any 
place subject to their jurisdiction. 

(99) Sec. 2. Congress shall have power to enforce this ar- 
ticle by appropriate legislation. 

ARTICLE XIV. 

(100) Section 1. All persons born or naturalized in the Uuited 
States and subject to the jurisdiction thereof, are citizens of the 
United States and of the state wherein they reside. No state shall 
make or enforce any law which shall abridge the privileges or im- 
munities of citizens of the United States ; nor shall any state de- 
prive any person of life, liberty or property, without due process of 
law ; nor deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

(101) Sec. 2. Representatives shall be apportioned among 
the several states according to their respective numbers, counting 
the whole number of persons in each state, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for president and vice-president of the United States, 
representatives in congress, the executive and judicial officers of a 
state, or the members of the legislature thereof, is denied to any of 
the male inhabitants of such state, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, except 
for participation in rebellion, or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such state. 



IOWA AND THE NATION. 211 

(102) Sec. 3. No person shall be a senator or representa- 
tive in congress, or elector of president and vice-president, or hold 
any office, civil or military, under the United States or under any 
state, who, having previously taken an oath as a member of con- 
gress, or as an officer of the United States, or as a member of any 
state legislature, or as an executive or judicial officer of any state, 
to support the constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. But congress may, by a vote of 
two-thirds of each house, remove such disability. 

(103) Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment of 
pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any state shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; but all such 
debts, obligations, and claims shall be held illegal and void. 

(104) Sec. 5. The congress shall have power to enforce, 
by appropriate legislation, the provisions of this article. 

ARTICLE XV. 

(105) Sec 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or by 
any state on acconnt of race, color, or previous condition of 
servitude. 

(106) Sec 2. The congress shall have power to enforce this 
article by appropriate legislation. 



212 IOWA AND THE NATION. 



CHAPTER IV. 

PREAMBLE. 

We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tranquillity) 

provide for the common defense, promote the general welfare, 
and secure the blessings of liberty to ourselves and our poster- 
ity, do ordain and establish this constitution for the United 
States of America. 

The preamble of the constitution is the key-note of 
popular government. It contains, in few words, a summary 
of the reasons for the formation of our government, and in 
it. there is a clear, definite statement of the needs of the 
nation at the time of its adoption, as well as ample provi- 
sion for future ages. 

More Perfect Union. — The greatest need of the 
hour was that a more perfect union of the states might be 
formed. '-We are one to-day and thirteen to-morrow" was 
a common assertion, and all thoughtful men realized the 
truth of the statement. Under the articles of confedera- 
tion, the weakness of the government was due almost en- 
tirely to the lack of union among the states. It is no won- 
der, therefore, that the first reason given in the preamble 
is, "in order to form a more perfect union. " 

Justice. — To establish justice among the states was 
also an urgent necessity. Petty jealousies had arisen 
among them, and each one seemed to fear that its rights 
were abridged by the others. As there was no judicial 



IOWA AND THE NATION. 213 

branch of the general government, there was no legal way 
of settling these disputes, and the condition in some cases 
was truly deplorable. 

Domestic Tranquillity. — During the few years that 
the articles of confederation formed the basis of our govern- 
ment, the states were in constant trouble with their neigh- 
bors. Each state also had as much to fear from dangers 
within its own borders as it had from outside foes. The 
necessity for "domestic tranquillity" was very urgent, and 
as nearly all the trouble among the states had arisen from 
their trade relations, congress, by the new plan, was very 
wisely given the power to regulate commerce. In order 
that peace might be insured to the- states, the general gov- 
ernment has the power to put down insurrections in any of 
the states. 

Common Defense. — The states had learned from 
the war through which they had just passed, that their suc- 
cess depended upon their united action. The United States 
could do more to provide for the common defense than 
could possibly be accomplished by the states themselves, 
each acting separately. Since the adoption of the constitu- 
tion, no state has ever been engaged in war with any other 
state or foreign power. The right to make all necessary 
provisions for supporting an army and navy is given to 
the general government. 

General Welfare. — To promote the general welfare 
of all the states and of all the people is an important func- 
tion of popular government. This work is carried on in 
many ways, and it is no idle boast to say that no other gov- 
ernment has ever done so much to benefit all classes of so- 
ciety as has our own. The large grants of lands and 
money given by congress to foster education, especially 



214 IOWA AND THE NATION. 

of late years, the improvements of rivers and harbors, 
the excellent postal service, and the improved civil service, 
are but a few of the many ways in which the general wel- 
fare of the people is promoted. 

Perpetuity. — The last clause of the preamble is a fit- 
ting climax. The members of the constitutional conven- 
tion realized the importance of the work they had under- 
taken y and it was their deliberate purpose to found a gov- 
ernment for posterity. How well their work was done, the 
nineteenth century can fully attest. 



IOWA AND THE NATION. 215 



CHAPTER V. 
ARTICLE I. The Legislative Branch. 

SECTION I. CONGRESS. 

All legislative powers herein granted, shall be vested in a 
congress of the United States, which shall consist of a senate 
and house of representatives. 

Branches of Government.— The plan for the forma- 
tion of a general government with three branches, which 
should be as nearly independent of one another as possible, 
doubtless originated with Washington. The three branches 
of government established by the constitution are the legis- 
lative, the executive, and the judicial. These are often 
called the law-making, the law-enforcing, and the law-inter- 
preting powers of the government. 

Legislative Branch. — The legislative branch is prop- 
erly placed first in the constitution, because it is the 
foundation for the workings of the other two branches. 
The logical order of government seems to be legislation, en- 
forcement, and interpretation. The legislative branch is 
given more space in the constitution than both of the other 
branches on account of its importance, and also because of 
a desire on the part of the members of the convention to be 
very explicit in outlining the work of this branch. 

Difficulties Of Organization. — Congress, under the 
confederation, consisted of but one house, and there was a 
strong effort made to organize the new congress in the same 



216 IOWA AND THE NATION. 

way. It was decided early in the convention, that member- 
ship in congress should, in a measure at least, be deter- 
mined by the population of the several states, and the 
smaller states felt that they would, in this way, be deprived 
of all power in the government. They preferred to remain 
out of the Union, as they had a perfect right to do, rather 
than to become part of a government which would be prac- 
tically controlled by a few of the large states. 

Representation. — Parliament, the legislative branch 
of the English government, was taken by the small states 
as a model, because it consists of two houses, and a com- 
promise was finally made by which the representation in the 
upper house was made the same for each of the states. As 
a concession to the larger states, the smaller states agreed 
to representation in the lower house to be based upon popu- 
lation. 



IOWA AND THE NATION. 217 



CHAPTER VI. 

Section II. House of Representatives. 
Clause 1. — Composition and Term. 
The house of representatives shall he composed of mem- 
bers chosen every second year by the people of the several states, 
and the electors in each state shall have the qualifications re- 
quisite for electors of the most numerous branch of the state 
legislature. 

House. — The house of representatives is so called be- 
cause its members are chosen to represent the people. 
The first congress under the constitution assembled on 
the first Wednesday in March — which chanced to be the 
fourth day of the month — in the year 1789. Each congress 
is numbered in order from the first one, and the number is 
changed March 4, of each odd -numbered year. The term 
of members of the Fifty-fourth Congress began March 4, 
1895. 

Election Of Members. — The election of members of 
the house of representatives occurs on the Tuesday next 
after the first Monday in November of each even-numbered 
year, and the whole number of representatives is chosen at 
that time. 

Length Of Service. — Under the confederation, the 
term of representatives was one year, and no person was 
eligible to a seat in congress for more than three years in 
succession. There is now no constitutional restriction as 
to the number of terms a representative may serve. 



218 IOWA AND THE NATION. 

The "People." — The term "people" as here used, 
means the qualified voters of the state. Each state, in its 
constitution, designates certain classes of persons who may 
exercise the right of suffrage. By a strange oversight in 
the national constitution, the right to vote is not restricted 
to citizens of the United States. Several states confer the 
right to vote upon ' 'aliens who have declared their inten- 
tions to become citizens of the United States," and who 
are otherwise qualified as to age, sex, and residence. 

Qualification Of Electors.— The only qualification 
required of electors of representatives in congress is, that 
they shall have the qualifications that the state constitution 
requires for electors of the more numerous branch of the 
state legislature. Wisconsin permits "Indians who have 
renounced their tribal relations and donned the habiliments 
of civilization," if otherwise qualified, to vote at all elections 
held in the state. 

Wyoming and Colorado permit women to vote at all 
general elections. Women, therefore, may vote for repre- 
sentatives to congress from those states. Some states require 
educational qualifications of their voters, others, a property 
qualification, and all require that the voters shall have 
attained a certain age, and resided in the state, and also in 
the county in which they claim the right to vote, for a spec- 
ified time preceding the election. The minimum age re- 
quired of voters in all the states is twenty-one years, and 
beyond this, there is no uniformity of qualification. 

Clause 2. — Qualifications. 
No person shall be a representative who shall not have 
attained the age of twenty -five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that state in which he is chosen. 



IOWA AND THE NATION. 219 

Citizenship. — The question of citizenship was, for 
many years, a troublesome one in this country, and it was 
not definitely settled until the adoption of the fourteenth 
amendment to the United States constitution. The quali- 
fications required of representatives are certainly not too 
high. 

Age. — By the clause of the constitution quoted above, 
it will be seen that the earliest age at which a native-born 
citizen may become a representative in congress is twenty- 
five years, and as this is only four years after the person 
has acquired the right to vote, the minimum age is gener- 
ally considered low enough. 

Aliens. — An alien, by the usual process, must reside 
in this country five years before he can be naturalized. 
This period, together with the seven years' residence re- 
quired by the constitution, make it necessary for an alien 
to have resided in the United States at least twelve years 
before he can become a member of the house of representa- 
tives in congress. 

Residence. — It is required that members of congress 
shall, at the time of their election at least, be inhabitants 
of the states from which they are chosen. For convenience, 
as well as for the purpose of carrying out the idea of close 
representation, each state that is entitled to more than one 
representative, is separated into congressional districts, and 
each district chooses its own representative. 

Congressional Districts. — Congressional districts 
are formed by the legislature of each state in such a way as 
to make them as nearly equal in population as possible. 
These districts are designated by number, and their bound- 
aries are subject to change every ten years. Residence in 
the congressional district he is chosen to represent is not a 



220 IOWA AND THE NATION. 

constitutional requirement, although only a very few repre- 
sentatives have ever been chosen to represent districts in 
which they did not reside. The qualification of residence 
applies only to the time of election, but it would seem emi- 
nently proper for a representative who has removed from 
the state in which he was chosen, to resign at the time of 
his removal. 

Clause S. — Apportionment. 

The parts of this clause enclosed in parentheses are now obsolete. 

Representatives and direct taxes shall he apportioned 
among the several states ivhich may be included within this 
Union, according to their respective numbers, (which shall be 
determined by adding to the ichole number of free persons, in- 
cluding those bound to service for a number of years, and) ex- 
cluding Indians not taxed, {three-fifths of all other persons. ) 
The actual enumeration shall be made within three years after 
the first meeting of the congress of the United States, and 
within every subsequent term of ten years, in such manner as 
they shall by law direct. The number of representatives shall 
not exceed one for every thirty thousand, but each state shall 
have at least one representative, {and until such enumeration 
shall be made, the State of New Hampshire shall be entitled 
to choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five, New York six, New 
Jersey four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, and 
Georgia three.') 

Representatives — Direct Taxes. — One of the most 
difficult things for the members of the constitutional con- 
vention to agree upon was the basis of representation in 
both houses of congress. After much discussion, it was de- 
cided to apportion representatives and direct taxes among 
the states according to population. 



IOWA AND THE NATION. 221 

Census. — No formal counting of the people of the 
United States had ever been made, and the assignment of 
members of the first congress to the different states was 
purely arbitrary. The convention had agreed upon forty 
thousand inhabitants as the basis, or ratio, of representa- 
tion, but Washington, in about the only address he made 
to the convention, urged that the number be changed to 
thirty thousand. The change was made at once. 

Number Of Members. — The constitution does not 
limit the membership of the house of representatives. At 
first there were sixty-five members, on the estimated basis 
of one representative for every thirty thousand inhabitants 
of the country, but so rapid has been the growth of the 
United States in population, that there are now nearly six 
times as many representatives as there were in the first con- 
gress, and the ratio of representation is nearly six times as 
great as it was at first. 

Ratio of Representation.— The first census of the 

people of the United States was taken in 1790, and one has 
been taken in the last year of each regular decade since that 
time. At the first session of congress after the census had 
been taken, a committee was appointed to decide upon the 
number of representatives in congress for the next ten 
years. The number, at present, is three hundred and fifty- 
six. The ratio of representation is found by dividing the 
number representing the population of all the states, exclu- 
sive of the territories and the District of Columbia, by the 
number representing the membership of the house of repre- 
sentatives. The ratio now is one representative for every 
173,901 inhabitants. 

Each State Represented. — It is also provided that 
each state shall have at least one representative. Should 



222 IOWA AND THE NATION. 

new states be admitted before the next census is taken, the 
number of representatives will be increased accordingly. 

Representative at Large. — When a state has more 
representatives in congress than it has congressional dis- 
tricts, the additional members are chosen from the state at 
large. This sometimes happens after the census has been 
taken, and before the state legislature has had time to 
change the number of congressional districts. 

Objects of Census. — The primary object of the cen- 
sus is to show the number of people in the United States, 
but in addition to this, very many important facts concern- 
ing the nationality, education, occupations, and general 
prosperity of the people, are obtained by the census-takers. 
Nearly all the states have a special census taken every ten 
years, but so arranged that it occurs five years after the 
United States census has been taken. In this way the 
counting of the people occurs every five years. 

Slavery. — At the time of the adoption of the consti- 
tution, slavery existed in nearly all of the states. There 
were several members of the convention who were bitterly 
opposed to slavery, and they wished to have nothing done 
by the convention to encourage it. The status of the slave 
was hard to settle. If he was simply a chattel — mere prop- 
erty — he should not be counted among the people any 
more than horses, houses, or any other form of property. 
If he was to be counted as " of the people, " then slavery 
must be recognized as a traffic in human beings. 

Compromise. — As a compromise, it was decided that 
neither slaves nor slavery should be mentioned in the con- 
stitution, and the evasive language, "three-fifths of all other 
persons," was used to determine the political standing of 
slaves in fixing the basis of representation. 



IOWA AND THE NATION. 223 



chapter vii. 
house of representatives—Continued. 

Clause 4- — Vacancies. 
When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies. 

Vacancies in office may occur by the death, resigna- 
tion, or removal of the incumbent. When a vacancy occurs 
in the representation from any state, the governor, or act- 
ing executive, issues a proclamation to the voters of the 
congressional district in which the vacancy exists, directing 
them to meet at a specified time, for the purpose of electing 
a representative to fill the vacancy. The day for this spe- 
cial election is named in the proclamation, and it is the 
same for all counties in the congressional district. 

Clause 5. — House Powers. 
The house of representatives shall choose their speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

House Officers— Speaker. — The right of the house 
of representatives to choose its own officers is a proper one. 
It is customary for all deliberative bodies to do this, 
although a notable exception seems to exist in the election 
of the vice-president to preside over the senate. The 
speaker of the house is always chosen from its own mem- 
bers, but the other officers are not. The speaker is the 



224 IOWA AND THE NATION. 

chief officer of the house, and it is his duty to preside over 
the deliberations of that body, as chairman. He is also 
required to appoint the committees of the house, keep or- 
der, decide points of parliamentary usage in debate, and 
sign the bills passed by the house in the process of law- 
making. 

Clerk. — The other important officers of the house are, 
the clerk and sergeant-at-arms. The clerk keeps the record 
of the house from day to day, in a book called the journal. 
His duties are very important, and he is obliged to have 
several assistants to aid him in his work. 

Serg'eant-at-Arms. — The sergeant-at-arms is the 
marshal, or police officer, of the house, and it is his duty to 
see that the rules relating to the conduct of its members 
are strictly obeyed. He is sometimes sent to bring absent 
members to attend the sessions of the house, and his sum- 
mons places the persons under arrest. 

Duties. — During a session of the house, the sergeant- 
at-arms sits facing its members to see that good order is 
maintained. Whenever any disturbance arises among the 
members, he takes the mace, which is the symbol of his 
authority, and carries it at once to the scene of the disorder. 
The presence of the mace is a warning to the offenders to 
stop the disturbance, or run the risk of severe punishment, 
and even expulsion. The sergeant-at-arms also draws the 
warrants for the payment of salaries of members, and sees 
that each member receives the amount due him. 

Doorkeeper. — The doorkeeper admits members and 
all other persons privileged to seats in the hall of represen- 
tatives. He also has charge of the furniture of the main 
hall and galleries, and is responsible for the proper care of 
the same. 



IOWA AND THE NATION. 225 

Postmaster. — There is also a postmaster appointed 
for the house of representatives, and a special post-office is 
kept for the convenience of members. A chaplain is also 
re of the regular officers of the house, and it is his duty 
to open the session each day with devotional exercises. 
Certain minor officers are appointed as they are needed, and 
they serve during the pleasure of the house. Each of the 
principal officers appoints his own assistants, and is respon- 
sible for the faithful discharge of their duties. 

Impeachment. — The house of representatives is given 
the sole power of impeachment. An impeachment is a 
charge preferred against a public officer, accusing him of 
having committed high crimes and misdemeanors, or of hav- 
ing violated his oath of office. An impeachment is in the 
nature of an indictment brought by a grand jury. It does 
not determine the guilt, or innocence, of the accused, but 
it requires him to submit to an investigation of the charges 
before a proper court. 

Who May be Impeached. — The constitution does 

not designate all the officers that are liable to impeach- 
ment. The president, vice-president, judges of the supreme 
and inferior courts, and members of the president's cabinet 
are among the officers that are considered subject to impeach- 
ment. Senators and representatives can not be impeached. 

Nature of Impeachment Cases. — It must be borne 

in mind that impeachment is only a formal accusation. 

President Johnson was regularly impeached by the house of 

representatives, in 1868, but he was not convicted. Three 

U. S. district judges, one associate justice of the supreme 

court, and one cabinet officer have also been impeached, but 

only two of the six officers impeached were convicted and 

removed from office. 
15 



226 IOWA AND THE NATION. 



CHAPTER VIII. 

SECTION III.— The Senate. 

Clause 1. — Composition. 

The senate of the United States shall he composed of two 
senators from each state, chosen by the legislature thereof for 
six years ; and each senator shall have one vote. 

Objections to Senate. — The senate was a subject of 
great dispute among the members of the constitutional con- 
vention. Some members saw no necessity for two houses 
of congress, and others feared that the plan of having two 
houses, with different qualifications required, would soon 
develop into a legislature closely resembling the British 
parliament. Some of the larger states wished to have the 
senate a less numerous branch than the house, but they 
insisted that the membership should be based upon popula- 
tion. Two or three representative districts might be united 
to form one district for the election of a senator, it was 
urged ; but the smaller states would not listen to this, and 
it was not until equal representation of the states was 
agreed to for the senate, that the smaller states consented 
to enter the Union. 

Political Representatives. — The senate is supposed 
to represent the states in a political capacity. The member- 
ship can never be as large as that of the house. As there 
are now forty-four states in the Union, it follows that there 
are eighty-eight senators in congress. 



IOWA AND THE NATION. 227 

Manner of Choosing'. — Several methods for the 
election of senators were proposed, but it was finally decided 
that they should be chosen by the state legislatures. Sev- 
eral attempts have been made to amend this part of the 
constitution, so that senators shall be elected by the people 
themselves, in the same manner that representatives are 
chosen, but nothing definite has been accomplished. 

Term. — The term of senators is fixed by the consti- 
tution at six years. This gives permanency to the office of 
senator, and serves to remove it from the field of politics. 

Vote. — Under the confederation, each state had but 
one vote, no matter how many delegates it had in the con- 
gress. This method of voting was not satisfactory, and a 
change was made so as to give each member the right to 
vote independently. 

Clause 2. — Classification and Vacancies. 

Immediately after they shall he assembled in consequence 
of tlie first election, they shall he divided, as equally as may he, 
into three classes. The seats of the senators of the first class 
shall he vacated at the expiration of the second year ; of the 
second class, at the expiration of 'the fourth year; and of the third 
class, at the expiration of the sixth year; so that one-third may he 
chosen every second year, and if vacancies happen hy resigna- 
tion, or otherwise, during the recess of the legislature of any 
state, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill 
such vacancies. 

Purpose. — This clause of the constitution was inserted 
for the purpose of making the senate a perpetual bod}\ All 
the members of the house of representatives may be changed 
at any general election of those officers, because they are all 



228 IOWA AND THE NATION. 

chosen at the same time. "With the organization of a new 
congress, however, only one-third of the number of senators 
can be changed, unless some have been chosen to fill vacan- 
cies. At all times, one-third of all the senators have 
served at least two years, and another third, at least four 
years. 

Classes. — The division of senators into the three 
classes designated in the constitution was made at the first 
session of congress. At that time, only ten of the states 
were represented in the senate, and consequently there were 
only twenty senators to be separated into classes. It is 
customary to speak of the thirteen original states, but there 
were only eleven states in the Union, when the govern- 
ment was organized, March 4, 1789. 

Ten States. — North Carolina ratified the constitution 
November 21, 17S9, and Rhode Island, May 29, 1790. At 
the time the senators were classified, New York had not . 
chosen her senators, and thus, as stated above, there were 
only ten states represented in the senate. 

First Congress. — In separating the senators into 
classes, a committee that had been appointed for the pur- 
pose arranged the names on three slips of paper, one con- 
taining six names, and the other two, seven each. Care 
was taken in arranging the names so that the two senators 
from any state were assigned to separate lists. It was 
agreed that these lists were to be drawn from a box in 
which they had been placed, and the senators named in the 
first list drawn were to serve for two years. Those in the 
second list were to serve four years, and those in the third 
list, for the full senatorial term of six years. 

New Members. — As new states have come into the 
Union, their senators have been assigned to the classes hav- 



IOWA AND THE NATION. 229 

ing the fewest members. Oil this account it sometimes 
happens that neither of the senators from a new state serves 
for six years. The terms of senators from a new state are 
decided by lot, and are known as the long and the short 
term. 

Present Classification. — The senate is now sepa- 
rated into groups of twenty-nine and thirty. The term 
of those in the first class will expire March 3, 1897, 
those in the second class, March 3, 1899, and those in 
the third class, March 3, 1901. Should a new state be ad- 
mitted this year, the short term would be less than two 
years, and the long term less than four years, and the 
classes would then consist of thirty senators each. 



230 IOWA AND THE NATION. 



CHAPTER IX. 

SENATE— Continued. 

Clause 3. — Qualifications. 

JVo person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabi- 
tant of that state for which he shall be chosen. 

Higher Qualifications, — It was admitted by all 
members of the constitutional convention that the qualifica- 
tions of senators should be higher than those of representa- 
tives. The minimum age is five j^ears higher, and the 
length of time of citizenship, two years longer. The clause 
relating to inhabitancy is the only one that may be subject 
to abuse. "While a senator at the time of his election must 
be an inhabitant of the state from which he is chosen, he 
may at any time remove to some other state and continue 
to serve as senator from the state that elected him. 

As the senate acts with the president in making treaties 
with other nations, the first two qualifications named seem 
all the more necessary. 

Clause Jf.. — Presiding Officer. 

The vice-president of the United States shall be president 
of the senate, but shall have no vote, unless they be equally 
divided. 

Vice-President. — There was much objection made to 
the election of a vice-president, and it is doubtful whether, 



IOWA AND THE NATION. 231 

or not, the office would have been created, had not some 
member of the convention suggested that the vice-president 
should serve as president of the senate, ex-officio. 

General Provisions. — The work of presiding over 

the senate would qualify the vice-president for the more 
important position, should he be called upon to perform the 
duties of president. He is not allowed to vote, except in 
case of equal division of the senate upon any question 
under consideration, because his vote might seem to increase 
the political influence of the state from which he was 
elected. That state would have three votes in the senate 
instead of two, and to prevent this, the vice-president is 
not permitted to vote except as above stated. Because 
there is always an even number of senators, it seems neces- 
sary for the presiding officer to have the casting vote in 
case of an equal division of the senate, in order to prevent 
what is known in political language as a " dead lock." The 
vice-president takes no part in the discussions of the sen- 
ate, nor does he appoint any of the regular committees of 
that body. 

Clause 5. — Other Officers. 
The senate shall choose their other officers, and also a 
president pro tempore, in the absence of the vice-president, or 
when he shall exercise the office of the president of the United 
States. 

The other officers of the senate are a president pro tem- 
pore, a secretaiy, sergeant-at-arms, chaplain, librarian, and 
postmaster. 

President Pro Tempore. — The president pro tempore 
is chosen by the senate from among its own members. As 
a rule, the position is an honorary one, as he is not often 
called upon to preside over the senate for any length of 



232 TOW A AXD THE NATION. 

time. When the vice-president succeeds to the presidency, 
the president pro tempore presides at all the sessions of the 
senate, and he then receives the same salary as the vice- 
president. It is not right to call the president pro tempore 
of the senate, vice-president of the United States. The two 
offices are entirely separate and distinct from each other. 

Clause 6. — Impeachment. 
The senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma- 
tion. When the president of the United States is tried, the 
chief justice shall preside; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 
Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit, under the United States, but 
the party convicted shall, nevertheless, be liable and subject to 
indictment , trial, judgment, and punishment, according to law. 

Court Of Impeachment. — As stated elsewhere, the 
house of representatives has the sole power of impeachment, 
but when a public officer has been impeached, he is obliged 
to appear before the senate to answer to the charges that 
have been preferred against him. When trying a case of 
impeachment, the senate is organized as a court, and each 
senator is obliged to take an oath (or affirmation) that he 
will try the case fairly. 

Impeachment of President. — When the president 
of the United States is tried, the chief justice of the su- 
preme court presides. This is done to secure impartial 
rulings on the part of the presiding officer. It was thought 
advisable to make this provision, as the vice-president, who 
is first in the line of succession to the presidency, might be 
unduly interested in securing the removal of the president. 



IOWA AND THE NATION. 233 

Conviction. — The trial of a public officer on impeach- 
ment is a very grave matter, and it is certainly a safe plan 
to require a two-thirds vote of the senators present to con- 
vict a person who has been impeached. 

Punishment. — The powers of the senate to punish a 
public officer on impeachment is limited to removing him 
from office and declaring him to be forever disqualified to 
hold and enjoy any position of honor, trust, or profit, under 
the government of the United States. But any person so 
convicted is liable to punishment by due process of law, for 
any crime committed or wrong done, the same as though the 
impeachment and trial had not occurred. 



234 IOWA AND THE NATION. 



CHAPTER X. 



GENERAL PROVISIONS. 

Section IV. — Elections and Meetings. 

Clause 1. -^-Elections to Congress. 

T7ie times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each state 
by the legislature thereof; but the congress may at any time by 
law make or alter such regulations, except as to the places of 
choosing senators. 

Congressional Districts.— Election.— This clause 

explains itself. In the absence of any action by congress, 
the time, place, and manner of electing members of con- 
gress is left to the states. In 1842, congress passed a law 
providing for the separation of states into congressional 
districts for the election of representatives, and by 
another law, that went into effect in 1876, the time of the 
election of representatives is fixed for the Tuesday after the 
first Monday in November in each even-numbered year. 
This law was intended to be uniform in all the states, but in 
some of the older states the time of the election of repre- 
sentatives was fixed by the state constitution before the law 
of congress was passed. Some of the states have amended 
their constitution to conform to the law, but a few have not 
done so, and in these the election of representatives occurs 
at some other time. 



IOWA AND THE NATION. 235 

Prohibition on Congress. — The congress is not per- 
mitted to fix the place for the election of senators. This is 
a wise provision. For some reason, as invasion, insurrec- 
tion, or an epidemic disease, the legislature of any state 
might find it necessary to meet at some other place than the 
capital. In such a case, the election of a senator would not 
be prevented, if it became necessary to hold the election 
while the legislature was in session at any other place than 
the seat of government. 

Clause 2. — Meetings. 

The congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Time of Meeting". — Although the term of members 
of congress begins on the fourth day of March in the odd- 
numbered years, the regular annual session does not con- 
vene until the first Monday in December. Congress has 
never exercised the privilege of appointing a different day 
than the one fixed by the constitution. The president may 
call an extra session of congress at any time, and very often 
the first session of a congress lasts five or six months. 

SECTION V. — Separate Powers and Duties. 
Clause 1. — Membership: Quorum. 

Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and, may be authorized to com- 
pel the attendance of absent members, in such manner and. under 
such penalties, as each house may provide. 

The first clause of the above paragraph is reasonable, 
as well as necessary. The qualifications of representatives, 



236 • IOWA AND THE NATION. 

their election, and the manner in which the returns of elec- 
tion are made, differ from those of senators. Each house 
is directly interested in the qualifications and proper choice 
of its own members, and no better plan than the one given 
could have been adopted. 

Quorum. — In the transaction of business connected 
with law-making, it would have been manifestly unfair to 
give the power to make laws to any smaller number than a 
majority of all the members When it happens that a 
smaller number than a quorum is present at the opening of 
any session, those present may adjourn to the following 
day. They may, if they choose, direct the sergeant- at- arms 
to summon absent members and compel their attendance. 
This, however, can not be done unless there are present at 
least fifteen members to order it. When there are less than 
fifteen members present at the opening of a session, they 
adjourn. 

Absence. — No member has a right to be absent from 
a session unless he is sick or excused. When a member is 
brought in by the sergeant-at-arms, he is required to give 
an excuse for his absence, and some very amusing scenes 
often occur at such times. 

Clause 2. — Discipline. 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the con- 
currence of two-thirds, expel a member. 

Each house of congress has adopted a list of rules 
relating to its organization, the privileges of members, the 
duties of its officers, the rules governing debate, and many 
other items of special interest. It has been found neces- 
sary for each house to punish some of its members for dis- 



IOWA AND THE NATION. 237 

orderly conduct, and some members of each house have 
been expelled. 

Clause 3. — Publicity. 

Each house shall keep a journal of its proceedings, and, 
from time to time, publish the same, excepting such parts as 
may, in their judgment, require secrecy; and the yeas and nays 
of the members of either house, shall at the desire of one-fifth 
of those present, be entered on the journal. 

Journal, — The journal kept by each house contains a 
complete record of all its proceedings from day to day. 
This record is read at the opening of the next day's session, 
and such corrections are made as are found necessary. The 
journal is read and approved by the presiding officer before 
it is submitted to the house. 

Publication. — If, at any time, the public safety 
seems to demand that any part of the proceedings of either 
house shall be kept secret, such part is not published. At 
other times, the proceedings of both houses of congress are 
given in full in the journal, which is published as often as 
may seem necessary. Usually a synopsis of the proceed- 
ings of congress from day to day may be had from the daily 
newspapers. 

Voting". — The usual method of voting viva voce is 
quite a simple one, and the presiding officer can generally tell 
by the sound of the voices whether the motion is carried or 
lost. If he is in doubt as to the result, he calls upon those 
who vote in the affirmative to rise from their seats to be 
counted, and afterwards those voting in the negative. If 
the presiding officer is still in doubt, or if a count is 
requested by at least one-fifth of a quorum, he appoints 
two tellers, one from each side, to count the votes. This 
method is called voting by tellers. 



238 IOWA AND THE NATION. 

Yeas and Nays. — The process of voting by yeas and 
nays is longer than the others, and it is sometimes resorted 
to by a minority to hinder legislation. Under the rule fixed 
by the constitution, the yeas and nays may be entered on 
the journal, whenever it is requested by one-fifth of the 
members present. 

Roll-Call. — In voting by } T eas and nays, the names 
of the members are called in alphabetical order. As each 
one's name is called, he announces his vote. When the roll 
has been completed, the list is again read with the record 
of each vote, for the purpose of correcting errors, if any 
have been made. The use of this method of voting to delay 
legislation is called '-filibustering." 

Clause Jf. — Adjournment. 

Neither house, during the session of congress, shall without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. 

Purpose. — This clause was inserted in the constitution 
to satisfy those members of the convention who were 
opposed to having two houses of congress. One house has 
not the power to adjourn for an indefinite period for the 
purpose of preventing legislation to which its members may 
be opposed. The language of the clause is so explicit as to 
require little explanation. Should both houses fail to agree 
upon a time of adjournment, they may be adjourned by 
proclamation of the president, but this has never been 
found necessary. 

SECTION VI.— Members. 
Clause 1. — Privileges. 

The senators and representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out 



IOWA AND THE NATION. 239 

of the treasury of the United States. They shall in all cases, 
except treason, felony, and breach of the peace,^>e privileged 
from arrest daring their attendance at the session of their 
respective houses, and in going to and returning from the same; 
and for any speech or debate in either house, they shall not be 
questioned in any other place. 

The salary of senators and representatives is fixed by 
law at five thousand dollars a year. Franklin and a few 
other members of the constitutional convention were opposed 
to paying members of congress any salary, but they were 
overruled. At first, the salary of members of congress was 
fixed at six dollars a day, and thirty cents a mile for trav- 
eling expenses. Several changes were made before the 
present limit was reached. The salary of the speaker is 
fixed at eight thousand dollars a year. 

Stationery. — Mileage. — In addition to the salary 
named, each member receives one hundred and twenty-five 
dollars for stationery, and an allowance of twenty cents a 
mile for traveling expenses. Mileage is computed upon 
the nearest route usually traveled in going to and returning 
from the seat of government. The allowance for stationery 
and mileage is made for each session of congress, regular 
and special. The mileage is paid on the first day of the 
session of congress to those who are present, and to other 
members as soon as they arrive after the beginning of the 
session. Stationery is furnished at cost, but any member 
may draw his allowance for stationery in money, if he 
chooses. 

Freedom from Arrest. — The privilege of freedom 
from arrest, except in the cases specified, is a wise provis- 
ion. If it were not for this right, persons desirous of 
preventing certain legislation might cause the arrest of 



240 IOWA AND THE NATION. 

members on false or trifling charges, and thus prevent them 
from attending to their duties as congressmen. 

Freedom Of Speech. — The freedom of speech guar- 
anteed in debate is for the purpose of permitting members 
to speak freely and plainly upon an}^ subject under discus- 
sion in the process of law-making. This does not prevent 
either house from adopting rules to govern members in 
debate. It is intended to prevent members from being- 
arrested on a charge of slander for anything the3 r may have 
said in debate. 

Clause 2. — Prohibitions. 

No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased during such 
time; and no person holding any office under the l T uited States, 
shall be a member of either house during his continuance in 
office. 

A Wise Provision. — If it were not for this clause of 
the constitution, offices might be created by congress, and 
large salaries provided, and these offices given to the mem- 
bers of congress who had been instrumental in bringing 
about the passage of the law. An office with a large salary 
and permanent in tenure would be a constant temptation to 
some members, and resignations would be very common in 
congress, instead of very rare, as at present. 



IOWA AND THE NATION. 241 



CHAPTER XL 
LAW MAKING. 

Section VII. 

Clause 1. — Revenue Bills. 

All bills for raising revenue shall originate in the house of 
representatives, hut the senate mag propose or concur loith 
amendments, as on other bills. 

English Custom. — This is a plan borrowed from 
England. In parliament, all bills relating to taxation origi- 
nate in the lower house. It was thought wise to place 
the right to propose measures for raising revenue in the 
hands of representatives, because they are nearer the peo- 
ple, in a sense, than senators are. 

Effect Of Restriction. — The provision really has but 
little force, because after a revenue bill has been acted upon 
by the house, it becomes the property of the senate, and 
may be disposed of by that body, in the same manner as 
any other bill. 

Clause 2. — Mode of Making Laws. 

Every bill which shall have passed the house of repre- 
sentatives and the senate, shall, before it becomes a, hue, he 
presented to the president of the United, States; if he approve, 
he shall sign it; but if not, he shall return it, ivith his objec- 
tions, to that house in which it shall //ore originated, who shall 
enter the objections at large on their journal^ and proceed to 
16 



242 IOWA AND THE NATION. 

reconsider it. If after such reconsideration, two-thirds of 
that house shall agree to pass the bill, it shall be sent, together 
with the objections, to the other house, by which it shall likewise 
be considered, and, if approved by two-thirds of that house, 
it shall become a law. But in all such cases the votes of both 
houses shcdl be determined by yeas and nays, and the names oj 
the persons voting for and against the bill shall be entered on 
the journal of each house, respectively. If any bill shall not 
be returned by the president within ten days (Sunda.ys ex- 
cepted} after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the 
congress, by their adjournment, prevents its return, in which 
case it shall not be a law. 

Bills. — A bill is the draft of a proposed law. Any 
member of either house may introduce a bill on any subject. 
Every bill adopted by either house is read three times in 
the presence of the house, and the vote on its adoption 
occurs immediately after its third reading. The readings 
occur on different days, unless it is otherwise ordered by a 
vote of the members under a suspension of the rules. 

Passage of Bills. — When a bill has passed one 
house, it is at once sent to the other house for consideration. 
There it may be altered, amended, or rejected altogether. 
If amended, even in the slightest particular, it must be 
returned to the house in which it originated, and agreed to 
by that house before it is sent to the president for his 
approval. 

Action Of President. — If the president approves a 
bill that has been passed by both houses in a proper man- 
ner, he signs it, and it is then a law. If he does not 
approve the bill, he returns it to the house in which it origi- 
nated, stating his objections to it. These objections are 



IOWA AND THE NATION. 243 

spread upon the journal of the house as a part of the perma- 
nent record, and then the bill is reconsidered. 

Veto Power. — The refusal of the president to sign a 
bill is called a veto. The veto power of the president is 
only partial, for if each house agrees by a two-thirds ma- 
jority to pass a bill after it has been vetoed by the presi- 
dent, the bill becomes a law, and is of the same force and 
effect as though it had not been vetoed. 

Same. — The veto power of the king or queen of Eng- 
land is absolute in theory, but in practice that power 
has not been exercised for about two hundred years. The 
governor of each state in the Union is given the right to 
veto bills passed by the legislature. 

Subsequent Action. — In passing a bill over the 
president's veto, the vote is always taken by yeas and nays. 
This is done to insure a careful consideration of the reasons 
for voting for or against the measure. The vote of each 
member is recorded, and he is thus put on record, so that 
his constituents may know just how he voted. 

" Executive Neglect." — The president sometimes 
allows a bill to become a law by the process called ' 'execu- 
tive neglect." In this case, he neither signs the bill nor 
vetoes it in the regular way. If the bill is not vetoed nor 
signed by the president within ten days from the time 
it is presented to him (Sundays excepted), it becomes 
a law, unless congress, by adjournment, prevents its 
return. 

Pocket Veto. — If a bill passed during the last ten 
days of a session of congress is objectionable to the presi- 
dent, he may prevent the measure from becoming a law by 
taking no action upon it. This method of defeating a bill 
is called a ' 'pocket veto. " 



244 IOWA AND THE NATION. 

Clause S. — Joint Resolutions. 

Every order, resolution, or vote to which the concurrence 
of the senate and house of representatives may he necessary 
{except on a question of adjournment}, shall be presented to 
the president of the United States; and before the same shall 
take effect, shall be approved by him, or, being disapproved by 
him, shall be repassed by two -thirds of the senate and house of 
representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 

Purpose. — This clause was considered necessary in 
order to prevent the congress from passing a bill that the 
president might object to, and which could not be passed 
over his veto, by simply changing it to the form of an order, 
or resolution. A vote of congress to do something which 
is not intended to have the force of law, is called a concur- 
rent resolution, and does not require the president's 
approval. 



IOWA AND THE NATION. 245 



CHAPTER XII. 

POWERS OF CONGRESS. 

Section VIII. 
Clause 1. — Taxation. 
Congress shall have power: 

To lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defense and general 
welfare of the United States; but all duties, imposts and 
excises shall be uniform throughout the United States. 

Revolutionary War Debts.— Under the articles of 

confederation there was no national treasury. Congress had 
power to recommend that money be raised for various pur- 
poses, but it could not levy or collect a single dollar. The 
credit of the United States was worthless at the close of 
the revolution, and a moral obligation seemed to rest upon 
the general government to assume the debts which had been 
contracted by the states during the war. This was done, 
and many years elapcsed before the burden was raised. 

Taxes. — Taxes are authorized by the constitution to 
be raised for three purposes. These are for the payment 
of debts, and to provide for the common defense and gen- 
eral welfare of the United States. 

Direct Taxes. — Taxes are classed as direct and 
indirect. By a clause of the constitution already quoted, 
direct taxes must be levied upon the several states accord- 



246 IOWA AND THE NATION. 

ing to their population. Direct taxes, when apportioned to 
the states, are collected by the states, and the amount is 
then paid into the United States treasury. Direct taxes 
have always been unpopular in this country as a means of 
raising revenue for the general government, and this method 
has not been resorted to except in case of urgent necessity. 

War Measure. — In 1861, a direct tax was levied 
upon the states to aid in paying the expenses of the 
rebellion, but the amount of money thus raised was restored 
to the states about twenty years later. 

Kinds of Taxes. — Direct taxes are levied upon the 
property of individuals, or upon the persons themselves, 
regardless of property. A tax on property, personal or 
real, is called a property tax, and one on individuals, a poll 
or capitation tax. 

Indirect Taxes. — Duties, imposts, and excises are in- 
direct taxes. They are levied upon certain articles 
imported into the country, and also upon articles, usually 
luxuries, manufactured in the country. 

Duties. — Duties are of two kinds — specific and ad 
valorem. A specific duty is levied on goods without regard 
to value. An ad valorem duty is levied on goods at a certain 
per centage of their value in the country from which they 
are imported. 

Tariff. — A law passed by congress to fix the rate of duty 
upon articles imported into the United States is called a 
tariff. The word "tariff" is a corruption of "Tarifa, " the 
name of the southern cape of Spain. The Moors, during 
the middle ages, held this cape, and by means of it, they 
were able to control the entrance to the Mediterranean sea. 
The tribute they exacted from merchantmen for passing 



IOWA AND THE NATION. 247 

through the Strait of Gibraltar without molestation was 
called a Tarif a tax, or a tariff . 

Kinds Of Tariff. — The tariff has been a subject of 
much dispute in the United States, and upon it, political 
parties have been divided all along through our history. 
Two theories have been advocated — one, < 'a tariff for reve- 
nue only," and the other, "a tariff for protection." Those 
who favor the first plan argue that the tariff should be so 
regulated as to help defray the expenses of the govern- 
ment, and that it should be lowered or removed altogether, 
if the expenses can be met in other ways. 

Protective Tariff. — A tariff for protection is also a 
tariff for revenue, but in addition to that, the burden of 
taxation is placed upon those imported articles that are 
likely to be brought into competition with the same class 
of articles manufactured or produced in this country. 

Export Duty Prohibited. — The United States and 
the several states are prohibited from levying duties upon 
exports. Imposts are the same as duties, or customs, and 
this term might have been omitted from the constitution, 
without impairing the tax-levying power in any way. 

Internal Revenue. — Excises are taxes levied on to- 
bacco, cigars, spirituous and malt liquors, and other articles, 
greater or less in number, according to the needs of the 
government. This is the form of taxation known as 
internal revenue. During the rebellion, many of the necessi- 
ties of life were subject to an internal revenue tax. Deeds, 
mortgages, and other legal documents were also subject to 
a stamp tax for the benefit of the government. 

Expenses of Government. — In times of peace, the 
expenses of our government are enormous, and they would 
be very much increased in case of war. It now costs more 



248 IOWA AND THE NATION. 

than half a billion dollars to pay the expenses of the gov- 
ernment for a single year. 

Debts. — During the rebellion, the sources of revenue 
were increased in many ways, but, in spite of this, the debt 
at the close of the war was nearly three billion dollars. A 
great part of this has been paid, but the common defense 
and general welfare demand the outlay of large sums of 
money annually. The subject of taxation has always been, 
and doubtless always will be, a troublesome one. 

Clause 2. — Borrowing. 

To borrow money on the credit of the United States. 

Borrowing" Money. — Several times in our history, 
our government has been obliged to borrow money on its 
credit. At the time of the purchase of Louisiana, in 1803, 
there was not money enough in the treasury to pay for it. 
Bonds were issued to Napoleon, and this was equivalent to 
borrowing money, for the credit of the government was 
pledged to the redemption of the bonds. 

National Credit. — During each of the wars in which 
the United States has been engaged, the credit of the nation 
has been used, and during the civil war it was taxed almost 
to the utmost, in order to raise the necessary means to carry 
on the war. 

Clause 3. — To regidate Commerce. 

To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes. 

Commercial Restrictions. — One of the defects of 

the old government was that congress had no power to legis- 
late in any way with reference to commerce. The states 
soon became jealous of each other, and restrictions were 



IOWA AND THE NATION. 249 

often placed upon the commerce of neighboring states, for 
no other reason than that of envy or jealousy. It will be 
remembered that the first convention called after the close 
of the revolution was for the purpose of improving the com- 
mercial relations among the states. 

United States Commerce. — The foreign commerce 

of the United States is very extensive, and it is largely con- 
trolled by congress. An inter-state commerce commission 
is regularly maintained by the general government, for the 
purpose of regulating commerce among the states. The 
commerce with Indian tribes is unimportant, but whatever 
there is, is under the direction of congress. 



250 IOWA AND THE NATION. 



CHAPTER XIII. 
POWERS OF CONGRESS— Continued. 

Clause Jf. — Naturalization anal Bankruptcy. 

To establish a uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies, throughout the United 

States. 

Naturalization. — Naturalization is the process by 
which an alien becomes a citizen of the United States. 
Several laws relating to naturalization have been passed by 
congress, but the one now in force seems the most 
satisfactory. 

Present Law. — Under the present law, an alien must 
reside in this country five years before he can become a 
citizen of the United States. As soon as an alien lands in 
this country, he may go before any court of record and 
declare his intentions to become a citizen of the United 
States. He will then be given a certificate stating the facts 
in the case as given below : — 

Naturalization. — Declaration of Intentions.— 

First papers: 

United States of America. ~\ 

State of v ss. 

County. J 

Before the Undersigned, Clerk of the District Court in 

and for said county, personally appeared a native of 

and makes solemn oath that it is bona fide his inten- 
tion to become a 



IOWA AND THE NATION. 251 

Citizen of the United States, 
And to renounce and abjure, forever, all allegiance and 
fidelity to every Foreign Power, Prince, Potentate, State, or 

Sovereignty, whatsoever, and particularly to of whom 

he was heretofore a Subject. 

Sworn and subscribed before me, by this 

day of A.D. 18 . . Clerk. 

By Deputy. 



I, Clerk of the District Court in and for said 

County (a Court of Eecord, using a seal, and having Com- 
mon law jurisdiction), do hereby certify that the forego- 
ing is a correct copy of the record, as appears on file now in 
my office. 

In Testimony Whereof, I have hereunto set my hand 

and affixed the Seal of said Court at my office in in 

said County, this of A. D. 18 . .. 

Clerk. 

Per Deputy. 

Residence. — The full period of residence required of 
aliens before they can become naturalized is five years. At 
least two years must elapse between the declaration of inten- 
tions to become a citizen of the United States and the com- 
pletion of the process. Thus, if an alien lives here five 
years before he declares his intentions to become a citizen, 
he must continue to reside here two years longer before he 
can get his second naturalization papers. 

Oath of Alien. — At the time of taking out his second 
papers the alien must appear before a court of record and 
there renounce, under oath, all allegiance to every foreign 
power, and especially to the one to which he was subject 
before coming to the United States. He must also take 



252 IOWA AND THE NATION. 

with him two persons to testify that the}' have been 
acquainted with him for the preceding two years, and that 
they believe him worthy to be made a citizen of the United 
States. The form of the oath of naturalization is here 
given, and that of the certificate also: — 

Naturalization. — 

Second Papers: 

United States of America. ") 

State of V ss. 

County. ) 

Be it Remembered, That at a term of the District 

Court hoi den in and for said County, in 

therein, on the day of in the 

year of our Lord one thousand eight hundred and 

ninety was present the Honorable sole 

presiding Judge, Sheriff of said County, and 

Clerk of said Court, when the following among other pro- 
ceedings were had, to-wit : a native of and at 

present residing within said State, appeared in open Court 
and made application to be admitted to become a 

Citizen of the United States; 
And it appearing to the satisfaction of the Court that he 
had declared on oath before a Court of Record hav- 
ing common law jurisdiction and using a seal, two years at 
least before his admission, that it was bona fide his intention 
to become a Citizen of the United States, and to renounce 
forever all allegiance to any foreign Prince, Potentate, State 

or Sovereignty, whatsoever, and particularly to of 

whom he w r as heretofore a subject. 

And said applicant having declared on oath, before this 
Court that he will support the Constitution of the United 
States, and that he doth absolutely and entirely renounce 



IOWA AND THE NATION. 253 

and abjure all allegiance and fidelity to every foreign Prince, 
Potentate, State, or Sovereignty whatsoever, and particu- 
larly to the Power above named. The Court being satisfied 
that said applicant has resided within the United States for 
the term of five years next preceding his admission, without 
being at any time during the said five years out of the terri- 
tory of the United States, and within this State one year at 
least ; and it further appearing to the satisfaction of this 
Court that during that time he has behaved as a man of 
good moral character, attached to the principles of the Con- 
stitution of the United States, and well disposed to the 
good order and happiness of the same. Thereupon the 
Court admitted the said applicant to become a Citizen of 
the United States, and ordered all proceedings aforesaid 
to be entered of record, which was accordingly done by the 
Clerk of this Court. 

In Testimony Whereof, I, Clerk of the Court 

aforesaid, have hereunto set my hand and affixed the Seal 

of said Court, at my office in in said County, this 

the day of in the year of our Lord one 

thousand eight hundred and ninety 



Clerk of District Court. 

Deputy. 

Exceptions. — There are some exceptions to the gen- 
eral naturalization law. An alien who has served one jeav 
in the army or navy of the United States and been honor- 
ably discharged, may become a citizen at once by taking 
the oath of allegiance. An alien woman becomes a citizen 
by marriage with a citizen. If an alien who has declared his 
intentions to become a citizen dies, his widow ma}' complete 
the process of naturalization for the benefit of herself and 
children. 



254 IOWA AND THE NATION. 

Minors. — Minor children are naturalized by the act of 
the father. Minors who have corne to this country before 
they were eighteen years of age may declare their intentions 
and take out full naturalization papers at the same time, 
provided they have lived here five years, and are at least 
twenty-one } T ears old. 

Bankruptcy Laws. — The justice of bankruptcy laws 
has always been questioned by able jurists. Under the con- 
federation, the states passed bankruptcy laws, and there 
was no uniformity in their provisions. 

Effect. — A bankruptcy law gives a debtor the right to 
appear in court, and, under oath, to certify to all the prop- 
erty belonging to him which is not exempt by law from 
attachment for debt. By turning over this property to the 
court, for the benefit of his creditors, the proceeds will be 
divided proportionately among them, and the entire debt 
will thus be canceled. The debtor may afterwards accumu- 
late a large amount of property, but it can never be seized 
to pay debts contracted before he took advantage of the 
provisions of the bankruptcy law. 

No Bankruptcy Law. — Congress has passed several 
bankruptcy laws, but there is none now in force. The last 
law of this kind expired by limitation September 1, 1879. 



IOWA AND THE NATION. 255 



CHAPTER XIV. 
POWERS OF CONGRESS.— Continued. 

Clause 5. — Coinage and Measures. 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

Coinage. — The right to coin money belongs primarily 
with the nation, and not with the state. Under the power 
conferred upon congress by the first part of this clause, laws 
relating to the coinage of money have been passed, and 
mints owned and operated by the general government have 
been established. 

United States Mints. — The main mint of the United 
States is at Philadelphia. It was established in 1791. 
There are also United States mints at New Orleans, San 
Francisco and Carson City. Each of these mints, except 
the one at Philadelphia, has a mint mark which is placed on 
the reverse side of all the principal coins. "0" is the mint 
mark for New- Orleans, "S" for San Francisco, and "C C" 
for Carson City. A law has also been passed establish- 
ing a mint at Denver, but the mint has not yet been opened. 

Coins. — Gold, silver, nickel, and bronze are now coined 
into money by the authority of congress. The gold coins 
are the double eagle, the eagle, half eagle, and quarter 
eagle. The silver coins are the dollar, half dollar, quarter 
dollar, and dime. The baser coins are the five cent and 
the one cent piece. 



256 IOWA AND THE NATION. 

Legal Tender. — Gold coins and silver dollars are 
legal tender for the payment of debts in unlimited 
amounts, but all other coins are limited to five dollars as a 
legal tender. A private citizen may have gold bullion 
coined into money at the United States mint without 
expense. This is called free coinage. Many persons advo- 
cate a similar law relating to the coinage of silver. 

Portraits on Coins. — President Washington was 
urged to allow his portrait to be used on the principal coins 
of the United States, but he objected on the ground that in 
a republic no man's portrait should be placed on its coins. 
That plan has been followed through our history down to 
the present time. The profile on the standard silver dollar 
is a portrait of Miss Annie L. Williams, a school teacher of 
Philadelphia. 

Value of Coins. — The power of congress to regulate 
the value of coins is an important one. At present the gold 
dollar as a unit of value, contains twenty-five and eight- 
tenths grains, nine-tenths fine, and the silver dollar four 
hundred twelve and one-half grains, and of the same degree 
of fineness as the gold dollar. The metal in a silver dollar 
is often worth less than a dollar as bullion, but the stamp 
of the government causes it to pass at its face value. Con- 
gress does not attempt to regulate the value of foreign 
coins, as the number circulated in the United States is very 
small. 

Weights and Measures. — Congress has power to 
establish a uniform system of weights and measures, but it 
has never exercised it. The metric system of weights and 
measures has been recommended for general use, but the 
recommendation has had but little force. 



IOWA AND THE NATION. 257 

Clause 6. — Punishment of Counterfeiting. 
To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

Counterfeiting". — During the Revolution congress was 
obliged to issue large amounts of paper money, and, with 
the poor facilities for engraving and printing it, the work 
was not well done, and it was also easily imitated. To make 
the matter worse, and perhaps with the thought of entirely 
ruining the credit of the United States, large sums of coun- 
terfeit money were printed in England and sent over 
here to be given away, or used in exchange for American 
manufactures and other products. In this way, the money 
of the government became worthless, and its credit well 
nigh ruined. 

Counterfeiting 1 Paper Money. — Of late years, the 
art of the engraver has made it very difficult to imitate our 
paper money, and the penalty for counterfeiting is severe. 
The crime of counterfeiting is a felony, and the penalty, as 
fixed \>y law, is printed on the back of greenbacks and 
national bank notes. On greenbacks, it is as follows: 

"Counterfeiting or altering this note, or passing any 
counterfeit or alteration of it, or having in possession any 
false or counterfeit plate or impression of it, or any paper 
made in imitation of the paper on which it is printed, is 
felony, and is punishable by five thousand dollars ($5,000) 
fine, or fifteen (15) years imprisonment at hard labor, or 
both." 

Counterfeiting" Coins. — The penalty for counterfeit- 
ing the coins of the United States is also very severe. 
Officers of the government are emploj^ed to detect counter- 
feit money of any kind, and, if possible, to arrest the 
criminals engaged in its manufacture or use. 
17 



258 IOWA AND THE NATION. 

Safe Money. — It is safe to say that there is almost no 
counterfeit money now in circulation. So certain do we feel 
that all the paper money in use is genuine, that we rarely 
examine it, except to be sure of the amount it represents. 
The kinds of paper money now in circulation are greenbacks, 
national bank notes, silver, gold and coin certificates. 

Clause 7. — Postoffices. 

To establish postoffices and post roads. 

Postal System. — The postal system of the United 
States originated with Benjamin Franklin. At the organiza- 
tion of the government in 1789, there were only seventy-five 
postoffices, but now there are about sixty-five thousand. 
All the people are brought in contact with this branch of the 
public service, and in no other way has the government done 
so much "to promote the general welfare." 

Rate Of Postage. — Fifty years ago the rate of post- 
age was very high, and it varied according to the distance 
the letters were carried. If the distance was less than 
thirty miles, the postage was six cents ; more than thirty 
and less than eighty miles, ten cents ; and over four hun- 
dred miles, twenty-five cents. The charge now is merely 
nominal, and it is uniform throughout the United States 
without regard to distance. The rate of letter postage is two 
cents an ounce or fraction thereof. Circulars and other 
advertising matter, books, merchandise, money, and many 
other things, are sent to all parts of the country by mail at 
a nominal charge, and yet the receipts of the postal depart- 
ment make it almost self-supporting. 

International Postal Union.— The United states is 

also a member of an international postal union, and, b} r 
means of this, letters may be sent to any foreign country 



IOWA AND THE NATION. 259 

belonging to the postal union, at the uniform rate of five 
cents per half ounce. 

Money may be sent to all parts of the United States by 
means of postal orders, which may be purchased at all the 
important postoffices in the United States. International 
money orders are also used to send money abroad . 

Classification. — Postoffices are divided into classes, 
according to the amount of business transacted. 

First Class. — First class offices are those whose 
annual receipts are forty thousand dollars and upwards, and 
the salaries of postmasters in such offices vary from three 
thousand to six thousand dollars a year. The postmaster 
of the city of New York is allowed eight thousand dollars 
a year, and the postmaster of Washington, D. C. , five thous- 
and dollars. 

Second Class. — In second class offices the receipts 
range from eight thousand to forty thousand dollars a year, 
and the salaries from two thousand to twenty-nine hundred 
dollars. 

Third Class. — The receipts in third class offices must 
be not less than nineteen hundred nor more than eight 
thousand dollars. The range of salaries is from one thou- 
sand to nineteen hundred dollars, by even hundreds. 

Fourth Class. — Postmasters of the fourth class 
receive salaries varying according to the amount of business 
transacted. All of the box rent collected by them, and also 
a commission on canceled postage-due stamps, form part of 
the salary. In addition to this, they are allowed one hun- 
dred per cent, of the value of all postage stamps and postal 
cards canceled by them, and of all amounts received from 
the sale of waste paper, dead newspapers, and other printed 



260 IOWA AND THE NATION. 

matter, and twine, not to exceed in value fifty dollars for 
each period of three months ; on the next hundred dollars 
received from such sources per quarter, sixty per cent; on 
the next two hundred dollars, fifty per cent; and on the 
next two hundred dollars, or less, forty per cent. Salaries 
of fourth class officers vary from one quarter to another, as 
they are based upon a percentage of the business of the 
offices. 

Adjustment. — Salaries are readjusted annually, and 
if the receipts of any office grow so large early in the year 
as to change the class to which that office belongs, the read- 
justment will not be made until the end of the postal year, 
which is March 31. 

Post Roads. — Post roads are routes designated by 
the government over which the mails are carried. They 
consist of railroads, steamship routes, and wagon roads. 
These post roads are not special routes constructed at gov- 
ernment expense, but any route by which mail is conveyed 
is called a post road. 



IOWA AND THE NATION. 261 



CHAPTER XV. 
POWERS OF CONGRESS.— Continued. 

Clause 8. — Copyrights and Patents. 

To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries. 

Patents. — A patent is a certificate issued by the 
authority of the government to the inventor of any useful 
article, or the discoverer of any useful process, by means 
of which he is given the exclusive right to manufacture 
and sell his production. ' Models of the various articles 
patented in the United States are kept in the patent office at 
Washington. Patents are issued by a commission that is 
in charge of that branch of the interior department. 

Expense. — Letters patent, as the certificate is called, 
secures to the inventor the exclusive right to his patent for 
seventeen years, and a patent may be re-issued. The 
expense of obtaining a patent is thirty-five dollars. Fifteen 
dollars must accompany the application, and this money 
will not be returned to the applicant, even if he is not 
granted a patent. It is used to defray the expense of the 
careful search through the models in the patent office to see 
that the article is not like some similar one already covered 
by patent. 

Copyright. — A copyright is a privilege granted to 
authors and designers, and it is intended to secure to them 
the exclusive right to their productions. Any person wish- 



262 IOWA AND THE NATION. 

ing to copyright a book, map, chart, or other similar article, 
must make application to the librarian of congress before 
the publication is made. 

Cost. — The fee for recording the application for copy- 
right is fifty cents, and the certificate issued to the appli- 
cant costs fifty cents. These fees must accompany the 
application. Two copies of the article copyrighted must be 
sent to the librarian of congress within ten days after its 
publication. 

Notice. — Every book or other article under copyright 
must contain a notice to the public in one of the following 
forms: " Entered according to act of congress in the year 

, by in the office of the librarian of congress, 

at Washington, D. C," or "Copyright, 18.., by " 

Any person who uses either of these forms contrary to law 
is subject to a fine of one hundred dollars. 

Duration. — A copyright secures protection to the 
author for twenty-eight years, and, if application is made for 
a renewal six months before that time expires, the copy- 
right will be extended for fourteen years. The application 
for a renewal may be made by the author himself, or by his 
legal heirs. 

Clause 9. — United States Courts. 

To constitute tribunals inferior to the supreme court. 

Judicial Department. — This clause is an important 
one, and cougress, exercising the authority granted by it, 
has established several important courts, some of them 
inferior only in name to the supreme court. Owing to the 
relation of these courts to the supreme court, the whole sub- 
ject will be discussed as the judicial branch of the gov- 
ernment. 



IOWA AND THE NATION. 263 

Clause 10. — Crimes at Sea. 
To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations. 

Piracy. — Piracy is a crime committed on the high 
seas which is equivalent to robbery on land. Congress has 
passed stringent laws for the punishment of piracy, and as 
other civilized nations have taken similar action, this crime 
is now of rare occurrence. 

Low Water Mark.. — The jurisdiction of a state bor- 
dering on the ocean extends to low water mark, but the 
nation has control of oceanic waters for a distance of three 
miles outside of low water mark. The nation also controls 
the gulfs and bays that indent its coasts. 

Citizens. — The offenses against nations referred to 
here apply only to citizens of the United States. Each 
nation is responsible to every other nation for the acts of its 
citizens. The United States has been called upon to make 
reparation for the injuries done to citizens of other coun- 
tries, and the power of our government is often invoked to 
protect the rights of our citizens abroad. 

Clause 11. — Declaration of War, 
To declare war, grant letters of marque and reprisal, 
and make rides concerning captures on land and water. 

War. — One of the sovereign powers of a nation is that 
of declaring war. The United States has been engaged in 
two important wars with other nations, and in the great Civil 
War. 

Declaration. — A delaration of war is a very important 
step for any nation to take. It is a formal proclamation to 
the world that war is about to begin, and war is always 
dreadful. 



264 IOWA AND THE NATION. 

Powers of Congress. — When congress has declared 
war against a nation, a treaty of peace is necessary in order 
to terminate the war. A treaty is agreed to by ambassa- 
dors appointed for that purpose, but the terms of the treaty 
must be ratified by the president and senate. A two-thirds 
vote of the number of senators present is necessary for the 
ratification of a treaty. 

National Wrong's. — Sometimes a nation refuses or 
neglects to make reparation for the wrongs done to another 
nation, or to its citizens. The injured nation may issue a 
license to its naval officers, authorizing them to seize the 
subjects or property of the offending nation found on the 
high seas, and to hold them subject to the law of nations 
governing such cases. The seizure of property in this man- 
ner is not considered piracy, or in any sense criminal. 

Marque and Reprisal. — The license to make the 
seizure referred to is called a letter of marque, and the 
authority to take the property seized into the ports of the 
injured nation, a letter of reprisal. 

Prize Courts. — The United States, in time of war, 
designates certain ports into which prizes may be taken by 
officers acting under letters of marque and reprisal. At 
these ports, prize courts, or courts of admiralty, as they are 
often called, are established, and if it is found by them 
that the seizure has been properly made, the property is 
sold, and the money received is divided among the officers 
and crew in a manner prescribed by law. 

Clause 12. — Maintenance of Armies. 

To raise and support armies, hut no appropriation of 
money to that use shall be for a longer term than two years. 

Armies. — The power to declare war would have little 
force unless accompanied by the right to raise and equip 



IOWA AND THE NATION. 265 

armies. The members of the constitutional convention 
were divided in opinion concerning the power of congress to 
raise armies, and the people also, when called upon to ratify 
the constitution, were found to be much opposed to this 
part of the document. 

Appropriations. — As a safeguard to the people, it is 
provided that an appropriation for the support of the United 
States army shall not be made for a longer period than two 
years. By this means, if a war proves unpopular, repre- 
sentatives favoring the wishes of the people could be elected, 
and the war terminated through lack of support of the 
army. 

Standing" Army. — It has been the policy of the 
United States to maintain a small standing army. There 
are now in the army less than twenty-eight thousand men, 
including all the officers. This is vastly different from the 
condition in Europe. There each nation is obliged to sup- 
port a large army for self-protection, so that Europe is said 
to be on a war footing constantly, and millions of men are 
kept in training all of the time to be ready for war at a 
moment's notice. 

Position Of United States. — The geographical 
position of the United States makes it less necessary for the 
nation to support a large standing army. Controlling the 
large area that it does, extending from ocean to ocean, and 
with little danger possible from its neighbors, north and 
south, the United States is more secure than any other large 
civilized nation on the earth. 

Militia. — In case of war, the United States could call 
out the militia of the several states. This includes all able- 
bodied male citizens between the ages of eighteen and forty- 
five years, with a few exceptions. Of these, there are in 



266 IOWA AND THE NATION. 

the United States more than thirteen million, according to 
the census of 1890. During the Rebellion, President Lin- 
coln issued several calls for volunteers to enlist in the army 
of the United States, and hundreds of thousands answered 
the call. 



IOWA AND THE NATION. 267 



CHAPTER XVI. 

POWEES OF CONGRESS.— Continued. 

Clause 13.— The Navy. 

To provide and maintain a navy. 

Navy. — The navy of the United States is even less 
imposing than its army. There are now employed in the 
navy seventy-five hundred men, and seven hundred and fifty 
boys. The marine service is also very limited, consisting, 
as it does, of only two thousand men. 

Naval Vessels. — The navy contains less than seventy- 
five vessels of all kinds, armored and unarmored, that could 
be called into service in time of war. In addition to these 
there are about sixty tugs and school ships, and ships 
condemned as unseaworthy but which have not been 
destroyed. 

Clause lJf. — Army and Navy Regulations. 
To make rules for the government and regulation of the 
land and naval forces. 

Military Academy. — Congress has passed many laws 
relating to the government of its land and naval forces. To 
provide for the proper training of army officers, there is a 
military academy located at West Point, New York, and 
supported at government expense. This academy was 
opened in 1812, and more than three thousand officers have 
graduated from it. 

Cadets. — Each congressional district in the United 
States is entitled to send one cadet to the military 



268 IOWA AND THE NATION. 

academy. The appointment is usually determined by com- 
petitive examination, and the person chosen must be 
thoroughly prepared in the common branches of study, and 
be physically perfect. Cadets are paid five hundred and 
forty dollars a year for four years, and the graduates 
receive the rank and pay of second lieutenants. 

Naval Academy. — The naval academy was founded 
in 1845, by George Bancroft, the noted historian, who was 
then serving as secretary of the navy. During the Rebel- 
lion, this school was transferred to Newport, Rhode Island. 
Cadets are appointed from the congressional districts 
of the United States, and each is bound to eight years serv- 
ice in the navy, six years of the time being spent under the 
direction of the academy. The allowance made each naval 
cadet is five hundred dollars a year. 

Clause 15. — The Militia. 

To 'provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions. 

Commander-in-Chief. — The constitution provides 
that the president shall be commander-in-chief of the land 
and naval forces of the United States. The governor of 
each state is empowered to call out the state militia to 
enforce the laws of the state and maintain peace within its 
borders, but he has not the power to send them outside of 
the state. The president may call out the state militia to 
aid in executing the laws of the Union, or to suppress insur- 
rections, and repel invasions. 

Clause 16. — Organization of the Militia. 

To provide for organizing, arming and disciplining the 
militia,) and for governing such part of them as may be 



IOWA AND THE NATION. 269 

employed in the service of the United States, reserving to 
the states respectively the appointment of the officers, and the 
authority of training the militia according to the discipline pre- 
scribed by congress. 

Training" Militia. — If it were not for this provision, 
by means of which uniformity in military training is secured, 
the militia would be of little value, when called into the 
service of the general government. It is proper to permit 
the states to choose the officers of the militia, but the train- 
ing of all, officers and privates alike, should be the same 
for all the states. 

Clause 17 .-—Exclusive Legislation. 

To exercise exclusive legislation in all cases whatsoever, 
over such district (iiot exceeding ten miles square's as may, by 
the cession of particular states, and the acceptance of congress, 
become the seat of government of the United States, and to 
exercise like authority over all places purchased by the consent 
of the legislature of the state in which the same shall be, for the 
erection of forts, magazines, arsenals, dock yards, and other 
needful buildings. 

Seat Of Government. — Washington was empowered 
by congress, at its first session, to locate the seat of govern- 
ment at some point on the Potomac river. This he did in 
1790, and the capital was removed from Philadelphia, to the 
city of Washington in 1800. The site chosen for the seat 
of government is known as the District of Columbia. Mary- 
land gave sixty-four square miles of territory, and Virginia, 
thirty-six. In 1846, the government ceded to Virginia its 
original part, leaving only the Maryland grant in the Dis- 
trict. 

How Controlled. — For seventy years congress gov- 
erned the District of Columbia by direct legislation, and 



270 IOWA AND THE NATION. 

then it tried the experiment of giving it a territorial organi- 
zation. This did not prove satisfactory, and, after three 
years' trial, the government was placed in the hands of three 
commissioners who are appointed by congress. 

Washington. — The city of Washington contains the 
capitol and many other large and costly buildings belonging 
to the United States. It is there that much of the business 
of governing the countrj 7- is transacted. Congress, the 
president and his cabinet, and the supreme court do their 
work there, and the ambassadors from foreign countries 
reside there during the time of their appointment. 

United States Property. — The United States owns 
custom houses, navy yards, postoffices in many large cities, 
and other property in different parts of the country. Land 
is obtained for these purposes from the several states, but 
the states usually reserve certain rights to the land. As a 
rule, the deed to the land contains a reverting clause, so 
that the land will become the property of the state or indi- 
vidual granting it, in case the government fails to use it 
for the purpose for which it was granted. The right to 
serve writs or other legal notices for the enforcement of the 
laws of the state is also reserved by the state. This is done 
to prevent these places from becoming a place of refuge for 
criminals fleeing from state authority. 

Clause 18. — Legislative Power. 

To make all laws which shall be necessary for carrying 
into execution the foregoing powers, and all other -powers vested 
by this constitution in the government of the United /States, or 
in any department or officer thereof. 

Summary. — This clause is a grand summary of the 
powers of congress, It will be seen that the constitution 



IOWA AND THE NATION. 271 

states many things about which congress may legislate, but 
this is only for the purpose of pointing out some of the most 
important subjects requiring general legislation. In order 
to show that congress has power to legislate in matters not 
specified, this last provision is wisely inserted. There are 
in the employ of the general government — in all branches 
of the public service, including the military, naval, and 
marine departments — fully two hundred thousand persons. 
All laws relating to these officers, their duties, terms, and 
salaries, have been passed by congress. 



272 IOWA AND THE NATION. 



CHAPTER XVII. 
PROHIBITIONS. 

Clause 1. — The Slave Trade. 

The migration or importation of such persons as any of 
the states now existing shall think proper to admit, shall not be 
prohibited by congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

Slavery. — The curse of slavery had its beginning in 
this country in 1620, when a Dutch trader brought twenty 
negroes from Africa and sold them to the planters of Vir- 
ginia as slaves. Other importations followed, until, at the 
time of the Revolution, slaves were owned in all the 
colonies. 

Sectional. — Slavery was never very popular at the 
North, partly because slave labor could not be made so 
profitable as in the milder climate of the South, and yet 
there were some slaves owned in New England as late 
as 1840. 

Cotton Gin. — The invention of the cotton gin by Eli 
Whitney, in 1793, gave a wonderful impetus to the pro- 
duction of cotton at the South, and as slave labor could 
be used to great advantage in the production of 
cotton, the value of slaves rapidly increased. Although 
Washington owned slaves, he was opposed to slavery as an 
institution, as were many other members of the constitu- 
tional convention. 



IOWA AND THE NATION. 273 

Concession. — To satisfy some members of the con- 
vention, it was agreed that congress should not pass any law 
to prohibit the importation of slaves prior to 1808. It was 
supposed that the new government would be organized about 
the beginning of 1788, and this prohibition was intended to 
last for twenty years thereafter. 

Restrictions. — The importation of slaves after the 
first of January, 1808, was prohibited by congress, and pen- 
alties were prescribed for the violation of the law. But 
because slavery had become profitable, the law was often 
violated. In 1820, congress declared that any citizen of the 
United States who should engage in the foreign slave trade 
was guilty of piracy, and attached the death penalty to 
the crime. Slavery was finally abolished by the thirteenth 
amendment to the constitution, which was adopted in 
1865. 

Clause 2. — The Writ of Habeas Corpus. 

The privileges of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

Habeas Corpus. — The right to a writ of habeas cor- 
pus is one of the strongest safeguards to personal 
liberty. An innocent person may be arrested, charged 
with having committed a heinous crime. Instead of 
being compelled to wait several weeks or months 
for a hearing, he may demand a writ of habeas corpus 
in the method prescribed by law. This writ is placed in the 
hands of the sheriff, or other ministerial officer, and he is 
directed to take the person under arrest before the proper 
judicial authority, who will at once decide whether the per- 
son accused of the crime is legally held to answer for the 
crime, or not. 
18 



274 IOWA AND THE NATION. 

Effect Of Writ. — The examination by virtue of a writ 
of habeas corpus is not a formal trial of the person under 
arrest, as it is intended to decide only the legality 
of the arrest. Congress has conferred upon the president 
the right to suspend the privilege of this writ in time 
of public danger. The writ can be suspended only in 
the places actually suffering from invasion or insurrection. 

Clause S. — Laws Forbidden. 
iVb bill of attainder or ex-post-facto law shall be passed. 

Prohibition. — It would hardly seem necessary to have 
this prohibition placed upon congress, and yet it must be 
borne in mind that the founders of our government 
wished to protect the people against unjust or arbitrary leg- 
islation. 

Ancient English Custom. — Parliament had passed 
bills of attainder declaring British subjects guilty of crimes 
punishable by death. Such a bill was a judicial declara- 
tion in the form of law, and the person attainted had no 
chance to defend himself in the courts. Not only was he 
denied the right to a judicial trial, but his estate was often 
confiscated by the crown, and, in the case of treason, his 
legal heirs were disinherited. 

Ex-Post-Facto Laws. — An ex-post-facto law is also 
very unjust. It has the effect of making laws retroactive. 
By it an act committed to-day may be to-morrow declared by 
law to be a crime. In other words, it makes an act crimi- 
nal that was not a crime at the time it was committed. 

Clause Jf. — Direct Taxes. 
No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 



IOWA AND THE NATION. 275 

Direct Taxes. — The levying of direct taxes is made 
unpopular by this clause. That was not the intention of 
the founders of our government, it may be, but the divi- 
sion of taxes according to the population is not resorted to 
in local affairs, and the plan does not seem to meet with 
popular favor as a means of raising national revenue. 

Clause 5. — Duties on Exports. 

No tax or duty shall be laid on articles exported from 
any state. 

Export Duties. — This clause was intended to give 
articles of export from the several states an equal chance in 
comoetition in trade everywhere. Export duties are seldom 
popular in any government. The export duties here pro- 
hibited are understood to apply to the United States as well 
to the states individually. 

Clause 6. — Commercial Restrictions. 

No preference shall he given by any regulation of com- 
merce or revenue to the ports of one state over those of another; 
nor shall vessels bound to or from one state, be obliged, to enter, 
clear, or pay duties in another. 

Commercial Privilege. — This provision was inserted 
in the constitution to allay the fears of some of the states 
that a preference for the ports of one state might give that 
state a decided advantage over the others commercially. 
The second part of the clause insures certain rights to 
merchant vessels in carrying on commerce among the 
states. 

Clause 7. — Care of Public Funds. 

No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law; and a regular 



276 IOWA AND THE NATION. 

statement and account of the receipts and expenditures of all 
public money shall be published from time to time. 

Appropriations Of Money. — Large sums of money 
are required to carry on the government, even for a year, 
and it is eminently proper to have all appropriations of the 
public funds regulated by law. Many items of expense are 
authorized by general provision of law, as, for example, the 
payment of salaries of president, congressmen, judges, and 
other officers. In addition to this, special appropriations are 
made at each session of congress to defray incidental and 
unusual expenses of the government. 

Government Expenses. — The expenses of the 

United States in all departments of the public service 
amount to nearly two million dollars a day for every day in 
the year. Some of this money is paid in fees which are used 
to defray the expenses of the office collecting them, and, as 
stated elsewhere, tne postal service is almost self-sup- 
porting. 

Publication. — In a republican government the people 
claim the right to know about how the public money is 
obtained, and for what purpose it is expended. The secre- 
tary of the treasury is called upon at least once a year to 
report to the president the financial condition of the coun- 
try, and he gives much valuable information to the people 
concerning the finances of the government. The < 'Sundries 
Appropriation Bill," passed by congress at each session, 
shows in detail the special appropriations made by that 
body. 

Clause 8. — Titles of Nobility. 

No title of nobility shall be granted by the United States, 
and no person holdirig an office of profit or trust under them 



IOWA AND THE NATION. 277 

shall, without the consent of the congress, accept of any present, 
emolument, office, or title of any hind whatever, from any king, 
prince, or foreign state. 

Nobility. — If titles of nobility had not been prohibited 
by the constitution, there would doubtless have been many 
attempts to establish such titles by law, all along through 
our history. The design of the founders of our government 
was to prevent any form of aristocracy from gaining a foot- 
hold in this country under sanction of law. In short, it was 
their intention to establish a democracy — a government of 
the people. 

Prohibition. — The allegiance of citizens of the United 
States is due to our own government, and the obligation is 
certainly strong upon those who are chosen to positions of 
honor or trust among the people. If any public officer 
were permitted to receive gifts of any kind from any foreign 
power, it would seem to be for some sinister purpose. Con- 
gress has given its consent to public officers at different 
times, permitting them to receive gifts from foreign powers. 
In general, the prohibition is a wise one, and it has often 
been urged that no citizen of the United States should be 
permitted to receive a gift of any kind from any foreign 
power. 

SECTION X.— On the States. 

Clause 1. — Unconditional. 

No state shall enter into any treaty, alliance, or confed- 
eration, grant letters of marque and reprisal, coin money, 
emit hills of credit, make anything hut gold and silver coin a 
tender inpayment of debts, pass any hill of attainder, ex- 
post-facto law, or law impairing the ohligation of contracts, 
or grant any title of nohility. 



278 IOWA AND THE NATION. 

Restrictions Upon States. — Before the constitution 
of the United States was ratified, the several states were 
independent republics, each one a small nation by itself. 
But, on entering the Union, it became necessary for the 
state to surrender certain rights and privileges that it had 
previously enjoyed, in order that the general government 
might be made strong. The unconditional prohibitions of 
this clause were necessary to promote the general welfare 
of all the states. 

Same.— If the states were permitted to enter into 
alliances of any kind with foreign nations, it would not be 
long until the nation would be forced into war in self defense, 
perhaps through the hasty or thoughtless action of a single 
state. No state was compelled to enter the Union, nor could 
it gain admission into the sisterhood of states without sur- 
rendering those prerogatives that would be likely to cause a 
conflict between state and national authority. 

Clause 2. — Conditional Prohibition. 
No state shall, without the consent of the congress, lay any 
imposts or duties on imports or exports; except what may be 
absolutely necessary for executing its inspection laws; and the 
net produce of all duties and imposts, laid by any state on im- 
ports or exports, shall be for the use of the treasury of the 
United States; and all such laws shall be subject to the revision 
of the congress. No state shall, without the consent of con- 
gress, lay any duty of tonnage, keep troops or ships of war in 
time of peace, enter into any agreement or compact with 
another state, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as not to 
admit of delay. 

State Revenue. — It has come to be the policy of the 
states to raise revenue for the support of the state govern- 



IOWA AND THE NATION. 279 

ment by means of direct taxes. This seems to have grown 
out of the prohibition placed upon them by this clause. It 
will be seen that any state may pass laws providing for the 
proper inspection of articles of merchandise imported into 
the state. 

Inspection Laws. — Nearly all the states have passed 
laws for the testing of illuminating oils, and the cost of 
inspection may be charged to the owners of the oil at the 
time the inspection is made. Barrels or tanks containing the 
oil are stamped by the inspector in such a way as to show 
the result of the test. 

Food Inspection. — Meats and other articles of diet 
are required to be inspected by the laws of some of the 
states, and they are permitted to pass such laws by the 
privilege granted in this clause. Should there be any 
income after paying the actual cost of inspection, it must be 
paid into the treasury of the United States. 

Nation Supreme. — The language of the last sentence 
of this clause is so definite as to require little explanation. 
The whole purport of the constitution is to make state 
authority subordinate to that of the general government in 
all matters of common interest. The natural law of self- 
preservation would justify a state in acting in self-defense 
in case of imminent danger or actual invasion. 



280 IOWA AND THE NATION. 



CHAPTER XVIII. 
ARTICLE II. — The Executive Branch. 

SECTION I.— Executive Power. 

Clause 1. 

The executive power shall he vested in a president of the 

United States of America. He shall hold his office during the 

term of four years, and, together with the vice-president, chosen 

for the same term, shall be elected as follows: (See Clause 2.\ 

Executive Authority. — The framing of this part of 
the constitution was a very difficult one. Under the articles 
of confederation there was no executive authority, except 
such as congress could exert incidentally. Every point 
relating to the executive was carefully discussed, and 
changes were frequently made in the provisions relating 
thereto. 

Executive Council. — Some members favored an 
executive council of the government to consist of three 
members, instead of having a single president. It was 
thought best to adopt the plan of having but one executive, 
and the committee having this matter in charge decided that 
the title of the president should be, ' 'His Excellency. ' ' As 
this seemed to point to the establishment of what might be 
considered by some a title of nobility, it was discarded. 

Term. — What should be the length of the presidential 
term of office? Some favored an annual appointment or 



IOWA AND THE NATION. 281 

election. Others were in favor of having the executive 
serve during life or good behavior. Between these 
extremes there seemed to be all possible shades and differ- 
ences of opinion. The first plan actually agreed to was, that 
the president should be chosen for a term of seven years, 
and that he should be ineligible to re-election. 

Change. — For some reason it afterwards seemed 
advisable to change this provision, and after another pro- 
longed discussion, it was decided to make the presidential 
term four years, and to say nothing about re-election. 

Number of Terms. — Washington was urged to 
become a candidate for a third term, but he deemed it 
unwise, and the example he set has been followed all through 
our history. Washington, Jefferson, Madison, Monroe, 
Jackson, Lincoln, G-rant, and Cleveland are the only presi- 
dents that have been re-elected. Only three of the 
presidents have been re-elected during the past sixty years. 
It seems as though the people of the United States favor a 
single term for the executive. 

Vice-President. — The office of vice-president met 
with much opposition. Several prominent members of the 
convention argued against the office as needless, but the 
majority of the states became convinced of the need of such 
an officer as the vice-president, and the office was established 
as provided in this section. 

Clause 2. — Number and Appointment of Electors. 
Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors equal to the whole 
number of senators and representatives to which the state may 
be entitled in the congress; but no senator or representative, or 
person holding an office of trust or profit under the United 
States, shall be appointed an elector. 



282 IOWA AND THE NATION. 

Manner Of Choosing 5 . — Several plans for the election 
of president and vice-president were proposed, and after 
much discussion the one given above was adopted. Some 
members favored the election of the president by congress, 
and others, by the people. The election by the United 
States senate, by electors chosen by the governors of the 
several states, by electors chosen by the state legislatures, 
and by electors chosen by lot from the membership of con- 
gress, were some of the recommendations made. From 
this we may see what varied opinions prevailed among the 
members of the convention. Yet the discussions were carried 
on with the sole intention of doing what was best for the 
whole people, and the work was grandly done. 

Choice Of Electors. — The state legislatures have, in 
most cases, provided for the choice of presidential electors 
at the general election every fourth year. Each political 
party desiring to choose a president and vice-president holds 
a national convention, early in the year, and nominates 
candidates for those offices. Then a state convention of 
delegates is held by each party, and as many candidates for 
presidential electors are nominated as there are members of 
congress from that state. 

Number Of Electors. — Iowa has two senators and 
eleven representatives in congress, and each political party 
in the state nominates thirteen presidential electors. In 
voting, each elector casts a ballot for the thirteen electors 
nominated by the party to which he belongs. The party 
casting the largest number of votes at the general election 
elects the full number of presidental electors. These 
electors are morally, or at least politically, bound to vote 
for the nominees of the party for president and vice- 
president. 



IOWA AND THE NATION. 283 

Prohibition. — The prohibition placed upon senators, 
representatives, and persons holding positions of trust or 
profit under the government is intended to make the choice 
of president and vice-president entirely free from the politi- 
cal bias that is likely to attend the holding of office. 
It was the intention of the founders of the govern- 
ment to permit each elector to vote for any eligible person 
for these offices, independent of his political preferences, 
but this has never been the practice. 

Clause 3. — Election of President and Vice-President. 
(For the language of this clause, see copy of the constitution.) 

Original Plan. — The original clause provided that 
the presidential electors must vote for two persons without 
expressing their preference for president and vice-president. 
The person having the largest number of votes, if a majority 
of all, was elected president, and the one having the second 
largest number was the vice-president. The plan worked 
well at the first three presidential elections, but at the elec- 
tion in the year 1800, no person received a majority of all 
the votes cast by the presidential electors. The failure of 
the electors to choose a president threw the election into the 
house of representatives. 

Election Of Jefferson. — The election in the house 
was made by the old plan of voting, each state having but 
one vote. Of the sixteen states represented, eight voted 
for Jefferson, six for Burr, and the vote of the other two 
states was divided. It was not until the thirty-sixth ballot 
was taken that Jefferson received a majority of all the votes. 
On that ballot he had ten votes, Burr four, and two states 
were again divided. 

Change Of Plan. — Jefferson was the representative 
of one political party, and Burr of the other, and both had 



284 IOWA AND THE NATION. 

aspired to the presidency. It was reasonable to suppose that 
Burr would not change his political views or endeavor to 
bring his opinions into harmony with those of the president. 
The same trouble was likely to arise every time the election 
of president and vice-president devolved upon the house of 
representatives. 

Twelfth Amendment. — The twelfth amendment to 
the constitution, adopted in 1804, was intended to prevent 
the choice of president and vice-president from different 
political parties. The twelfth amendment is here inserted 
and discussed instead of in its historical place among the other 
amendments. 



IOWA AND THE NATION. 285 



CHAPTER XIX. 
The Executive Branch. — Continued. 

THE TWELFTH AMENDMENT. 

The electors shall meet in their respective states and vote by 
ballot for president and vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves; 
they shall name in their ballots the person voted for as presi- 
dent, and in distinct ballots the person voted for as vice-presi- 
dent, and they shall make distinct lists of all persons voted for 
as president, and of all persons voted for as vice-president, 
and of the number of votes for each; which lists they shall sign 
and certify, and transmit sealed to the seat of government of 
the United States, directed to the president of the senate. The 
president of the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and the votes 
shall then be counted; the person having the greatest number of 
votes for president shall be president, if such number be a ma- 
jority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the 
highest number not exceeding three on the list of those voted for 
as president, the house of representatives shall choose immedi- 
ately by ballot, the president. But in choosing the president, 
the votes shall be taken by states, the representation from each 
state having one vote; a quorum for this purpose shall consist of 
a member or members from two- thirds of the states, and a ma- 
jority of all the states shall be necessary to a choice. And if 
the house of representatives shall not choose a president when- 



286 IOWA AND THE NATION. 

ever the right of choice shall devolve upon them, before the 
fourth clay of March, next following, then the vice-president 
shall act as president, as in the case of the death or other con- 
stitutional disability of the president. 

The person having the greatest number of votes as vice- 
president, shall be the vice-president, if such number be a ma- 
jority of the whole number of electors appointed, and if no 
person have a majority, then from the two highest numbers on 
the list the senate shall choose the vice-president; a quorum for 
the purpose shall consist of two-thirds of the whole number of 
senators, and a majority of the ivhole number shall be necessary 
to a choice. But no person constitutionally ineligible to the office 
of president shall be eligible to that of vice-president of the 
United States. 

Choice of Candidates. — It is sometimes asserted 
that the president and vice-president cannot be elected from 
the same state. This is not likely to occur, but the consti- 
tution does not prohibit it. Political parties always take 
the precaution to nominate their candidates for president 
and vice-president from different states in order not to dis- 
qualify the electors from any state from voting for the 
candidates for both offices. 

Illustration. — This may be made plain by a single 
illustration. New York now has thirty-six electoral votes. 
Suppose one of the great political parties should select 
its candidates for president and vice-president from that 
state, and that it was successful in electing its presi- 
dential electors in that state. When the electors met to 
cast their votes, they could vote for but one of the candi- 
dates, because of the constitutional provision that one of 
the candidates must not be a resident of the same state as 
themselves. 



IOWA AND THE NATION. 287 

Clause 4- — Times of These Elections. 

The congress may determine the time of choosing the elect- 
ors, and the day on which they shall give their votes, which day 
shall he the same throughout the United States. 

Summary. — The following summary may aid in the 
study of this subject: 

1. Nomination of candidates for president and vice- 
president by each of the great political parties. 

2. Nomination of presidential electors by state con- 
ventions. 

3. Election of presidential electors — the Tuesday 
next after the first Monday in November, in every fourth 
(leap) year. 

4. Meeting of presidential electors — usually at the 
state capitol on the second Monday in January follow- 
ing their election. 

5. At this meeting, the ballots of the electors are 
cast for the nominees of their party for president and vice- 
president. 

6. The ballots must be separate and distinct, each 
showing the name of the candidate and the name of the 
office. 

7. Three separate lists of the votes are made, signed 
by the electors, sealed and certified. 

8. One list is sent to the president of the United 
States senate by mail ; the second is sent to him by special 
messenger, generally by one of the electors chosen for that 
purpose; the third is deposited with the judge of the United 
States district court for the district in which the electors 
meet. 

9. The certificates from all the states are opened and 
counted in the presence of both houses of congress on the 
second Wednesday in February. 



IOWA AND THE NATION. 



House Of Representatives. — In case there has been 
no choice made by the electors, the house of representatives 
proceeds at once to the election of a president, and the 
senate to the election of a vice-president. In addition to 
the election of Jefferson, in 1801, the house of representa- 
tives chose John Quincy Adams president, in 1825. 

Senate. — Richard M. Johnson was chosen vice-presi- 
dent by the senate in 1837, the only time that the election 
of the vice-president has devolved upon that body. 

Joint High Commission. — In 1876, there arose a 
dispute in some of the states as to the choice of presidential 
electors, both of the great political parties claiming the 
election of their candidates. The matter could not be de- 
cided by congress in any way known to the constitution. 
It was finally agreed that a joint high commission, consist- 
ing of five senators, five representatives, and five judges of 
the supreme court should be appointed to settle the matter. 

Work of Commission. — This commission did not 
elect the president, as it is sometimes stated. There are 
only two ways by which the president can be chosen. The 
commission was empowered to take testimony, examine 
into election frauds, and, if possible, decide which presi- 
dential electors had been properly chosen in the disputed 
states. The commission decided that Rutherford B. Hayes 
had received one more electoral vote than his opponent, 
Samuel J. Tilden. 

Electoral College. — The presidential electors of a 
state are often called the electoral college and the same 
term is applied to all the presidential electors of the United 
States. These officers are usually paid a small per diem, 
and mileage sufficient to defray their necessary traveling 
expenses. Each state regulates this matter by law. Presi- 



IOWA AND THE NATION. 289 

dential electors in Iowa are paid five dollars a day for the 
time actually employed in the discharge of their duties, and 
five cents a mile for the necessary distance traveled in going 
to and returning from the seat of government. 

Clause Jj.. — Qualifications. 

No person except a natural bom citizen, or a citizen of 
the United States at the time of the adoption of this constitu- 
tion, shall be eligible to the office of president; neither shall 
any person be eligible to that office, who shall not have attained 
to the age of thirty-five years, and been fourteen years a resi- 
dent within the United States. 

Qualifications of President. — It would seem to be 

the part of wisdom to restrict the right to hold the highest 
office within the gift of the people to native-born citizens of 
the United States. Many of the ablest members of the 
constitutional convention, and many other persons who had 
done much to help the colonies in their struggle for inde- 
pendence, were not born in this country. It was for these 
two classes of persons that the exception was made, so that 
they would be eligible to the presidency, if citizens of the 
United States at the time of the adoption of the constitu- 
tion. The exception does not now apply, of course. 

Age. — The minimum age required for president and 
vice-president is certainly low enough. No person has 
ever been chosen to either of these offices at so early an age 
as thirty-five years. 

Residence. — The latter part of this clause has always 
been a matter of dispute among students of the constitu- 
tion. It was evidently the intention of the founders of the 
constitution to have the "fourteen years a resident within 

the United States" apply to the fourteen years immediate!} 
10 



290 IOWA AND THE NATION. 

preceding the election. This number of years covers the 
period from twenty-one years, the earliest voting age, to 
thirty-five years, the minimum age at which a person may 
be elected president or vice-president. 

Interpretation. — In the absence of any interpreta- 
tion of this clause by the supreme court of the United 
States, the language of the constitution must be taken 
literally. Viewed in this way, any fourteen years of resi- 
dence within the United States would fill the requirement of 
this clause; but there is little doubt that the term intended 
by the founders of the constitution was the fourteen years 
immediately preceding the election. 

Property Qualifications Suggested.— The qualifi- 
cations required for president and vice-president were not 
agreed to without a great deal of discussion. Some members 
of the convention favored a property qualification, and one, 
more specific than the others, stated that, in his opinion, any 
person elected president should be required to certify under 
oath that he was the owner of real estate to the value of one 
hundred thousand dollars. 

Vice-President. — The qualifications of vice-president 
are the same as those of president. This is perfectly 
proper, as the vice-president may, at any time, be called to 
the presidency. 

Article 5. — Oath. 

Before he enter on the execution of his office, he shall 
swear or affirm, 

1. TJiat he will faithfully execute the office of president 
of the United States; and 

2. That he will, to the best of his ability, preserve, pro- 
tect and defend the constitution of the United States. 



IOWA AND THE NATION. 291 

HOW Administered. — This oath is administered to 
the president by the chief justice of the supreme court, and 
generally in the presence of thousands of people who have 
assembled to witness the ceremony. As the supreme court 
had not been organized when Washington was inaugurated, 
the oath was administered to him by Chancellor Livingston, 
of New York. 

Clause 6. — Vacancies. 

In case of the removal of the president from, office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the vice-presi- 
dent, and the congress may hy law provide for the case of 
removal, death, resignation, or inability, both of the president 
and vice-president, declaring what officer shall then act as 
president, and such officer shall act accordingly, until the 
disability be removed, or a president shall be elected. 

Presidential Succession. — Three years after the 

adoption of the constitution, congress passed a law which 
named the president pro tempore of the senate and the 
speaker of the house of representatives as the officers in the 
line of succession to the presidency, in case of the inability 
of both president and vice-president to serve. 

Need Of Change. — By the death of President Gar- 
field, Chester A. Arthur succeeded to the presidency. It so 
happened that congress had not been called to meet in 
special session in March, 1881, and so neither house had 
organized. There was, therefore, no president pro tempore 
of the senate, or speaker of the house. The question 
was often asked in those da} T s, < < \Vho will become president, 
in case President Arthur should die?" 

Second Instance. — Four years later Vice-President 
Hendricks died, and there was neither a president pro tan- 



292 IOWA AND THE NATION. 

pore of the senate Dor a speaker of the house. Congress, on 
assembling, considered several propositions relating to the 
line of succession to the presidency, and finally adopted the 
following plan: 

Present Law. — In case of the inability of both presi- 
dent and vice-president to serve, the members of the 
president's cabinet were designated to succeed to the presi- 
dency in the order named, provided they are eligible to the 
office of president by election. The order is : 

1. Secretary of state. 

2. Secretary of the treasury. 

3. Secretary of war. 

4. Attorney-general. 

5. Postmaster-general. 

6. Secretary of the navy. 

7. Secretary of the interior. 

The office of secretary of agriculture was not created 
until after the change in the succession to the presidency 
was made. 

Effect of Law. — The vice-president becomes presi- 
dent on the death, resignation, or removal of the latter, 
and he serves for the remainder of the term. A cabi- 
net officer who succeeds to the presidency will serve 
till a new president can be elected at the following general 
election, and until his successor has qualified as required 
by law. 

Presidents William Henry Harrison, Zachaiy Taylor, 
Abraham Lincoln, and James A. Garfield died in office, and 
were succeeded by the vice-president in each ease. Had 
President Johnson been convicted on impeachment and 
removed from office, the presidency would have passed to 



IOWA AND THE NATION. 293 

the president pro tempore of the senate. No cabinet officer 
has ever been called upon to act as president. 

Clause 7.- — President's Salary. 

The president shall, at stated times, receive for his services 
a compensation which shall he neither increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive ivithin that period any other emolument from 
the United States or any of them. 

Franklin's Plan. — Franklin was very much opposed 
to this clause. He thought that the officers of the general 
government should serve without pay, and in a paper which 
he prepared on this subject he cited the example of Washing- 
ton, who had served as commander-in-chief of the American 
forces during the Re volution without pay. He was in 
favor of having the actual expenses of officers borne by the 
government. The convention decided in favor of salaries 
for government officers generally. 

Salary. — The salary of the president is fifty thousand 
dollars a year, and he has the use of the executive mansion, 
or "White House," which is furnished and cared for at the 
expense of the government. The vice-president receives 
eight thousand dollars a year salary, and the president pro tem- 
pore of the senate the same amount, if called upon to preside 
during a session of congress, but otherwise his salary is the 
same as other senators. The salary of nearly all govern- 
ment officers is paid monthly. 

Expenses. — To many persons the salaries of president, 
congressmen, judges, and other officers of the government 
seem large, but the expenses connected with these offices are 
so great, that many of the officers are not able to save any- 
thing from their salaries. Few of the presidents of the 



294 IOWA AND TITT2 NATION. 

United States have accumulated any property while in 
office. 

England. — Queen Victoria is allowed a salary amount- 
ing to nearly two million dollars a year, and an additional 
allowance of three hundred and fifty thousand dollars is 
made to the other members of the royal famil} T . The other 
European nations pay large sums of money annually for the 
support of their rulers. 



IOWA AND THE NATION. 295 



CHAPTER XX. 
Section IT.— POWERS OF THE PRESIDENT. 

Clause 1. 

The president shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States; 
he may require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject relating 
to the duties of their respective offices, and he shall have poioer 
to grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

Privilege. — The president is not required or expected 
to take command of the land or naval forces of the United 
States, in person, but the constitution does not prohibit 
him from doing this, if he should desire to do so. In time 
of war, military officers are appointed to the command of 
the different divisions of the army and navy, and the presi- 
dent exercises only general supervisory powers over their 
actions. 

Origin Of Cabinet. — In the constitutional conven- 
tion, it was urged by some members that the chief execu- 
tive power should be vested in a council instead of in one 
person. While no action was taken with a view to the 
organization of a cabinet of advisers for the president, the 
language of this clause seems to imply that the government 
would be separated into departments for the proper enforce- 
ment of its laws. 



296 _ IOWA AND THE NATION. 

Departments. — There are now eight departments of 
the executive branch of our government. The title of the 
chief officer and the date of organization of each department 
are here given. 

Department of State, September, 1789. 
" " Treasury, " " 

" " War, " " 

Postoffice Department, " " 

Department of Navy, May, 1798. 

" " Interior, March, 1849 

" " Justice, June, 1870. 

" "" Agriculture, February, 1889. 

Secretary Of State. — The secretary of state is usually 
considered the highest officer in the cabinet, probably on 
account of the nature of his work. Under the direction of 
the president, he carries on the correspondence of the nation 
with foreign powers. He is the custodian of the great seal 
of the United States with which he seals all state papers 
signed by the president and countersigned by him. All 
laws of congress, amendments to the constitution, and var- 
ious proclamations of the president are published under his 
direction. 




IOWA AND THE NATION. 297 

Secretary of Treasury. — The secretary of the 
treasury is the legal adviser of the president in all matters 
relating to the finances of the nation. He proposes plans for 
raising the necessary revenue for the support of the govern- 
ment, and the collection of all public money is intrusted to 
his care. He also furnishes annually to congress estimates 
of the probable receipts and expenditures of the government 
for the ensuing year. 

Bureaus. — Several important bureaus, or sub-depart- 
ments of the government, are placed in charge of the secre- 
tary of the treasury. This is doubtless due to the fact that 
large sums of money are needed to carry on these special 
lines of work, and this officer should be familiar with their 
needs, in order to be able to make proper recommendations 
concerning the funds required to carry on their work. 

Duties. — The secretary of the treasury controls the 
construction of public buildings, the coinage and printing 
of money, together with the supervision of the coast sur- 
veys, the life-saving, light-house, steamboat inspection, and 
marine hospital branches of the public service. 

Treasurer of United States.— The treasurer of the 
United States is one of the principal officers of this depart- 
ment, and the money of the government is received and 
disbursed by him and his assistants as required by law. 
The commissioner of internal revenue, who also belongs to 
this department, superintends the collection of revenue 
of this kind and sees to the enforcement of the internal reve- 
nue laws. The other bureaus are under the control of com- 
missioners or superintendents who are under the general 
direction of the secretary of the treasury. 

Secretary Of War. — The secretary of war is the chief 
officer of the department of war, and his duties are per- 



298 IOWA AST) THE NATION. 

formed under the direction of the president. Certain 
general powers are conferred upon him by law. He makes 
estimates for the necessary expenses of his department, 
superintends the purchase of supplies for the army, and has 
charge of all matters pertaining to the improvement of 
rivers and harbors. To aid him in the discharge of his 
duties, certain assistants are appointed to take charge of 
special parts of the work of his department. 

Secretary of Navy. — To this officer is entrusted the 
general supervision of the navy, under the direction of the 
president. He has the care of constructing the war ves- 
sels of the government, and he sees that they are properly 
manned, armed, and equipped for service. The navy-yards 
of the government, and the marine corps, are controlled 
by him. 

Postmaster-General. — The post-master general is 
in charge of the postal affairs of the government. He 
appoints all the subordinate officers of the postoffice depart- 
ment, except the first four assistants and postmasters whose 
salary exceeds a thousand dollars a year. The amount of 
work done by this department is enormous. It includes the 
purchase of supplies for the postmasters and other postal 
employees of the United States, the printing of stamps and 
postal order blanks of all kinds, the supervision of the dead 
letter office, the railway and foreign mail service, the letting 
of contracts for carrying the mail, and, in fact, everything 
connected with the proper distribution of the correspondence 
of the people of the nation. 

Department Of Justice. — The attorney-general is 
at the head of this department. He is the legal adviser of 
the president and the members of the cabinet, and he is 
required to give general direction to attorneys and marshals 



IOWA AND THE NATION. 299 

in the different districts of the United States. The office 
of attorney-general was created in 1780, but the depart- 
ment of justice was not organized until 1870. 

Department of the Interior. — This is one of the 

most important departments of the executive branch of our 
government. The secretary of the interior is its chief 
officer, and under his direction all public business relating 
to pensions, patents, and the census is carried on. He has 
the care of the national parks of the United States, and the 
distribution of all appropriations for agricultural and me- 
chanical colleges endowed by the general government. The 
commissioner of the general land office, commissioner of 
Indian affairs, commissioner of education, commissioner of 
railroads, and the director of the geological survey are 
some of the important officers of this department. 

Department of Agriculture. — The department of 

agriculture was the last one established. Its highest officer 
is the secretary of agriculture, and he is required to attend 
to all public business relating to farming. The agricultural 
experimental stations of the country that receive any sup- 
port from the general government are placed under his 
charge. Many valuable experiments in the culture of grain, 
fruit, and vegetables are performed by this department, 
and the result of them is distributed to interested persons 
free of charge. 

Labor Commission.— In 1888, congress passed a 
law establishing a department of labor, to which is intrusted 
the task of collecting statistics connected with all kinds of 
labor in the United States, and especially with reference to 
the means of promoting the material, moral, intellectual 
and social welfare of wage-workers. The department is 
conducted by a commissioner, but he is not a member of 
the president's cabinet. 



300 IOWA AXD THE NATION. 

Inter-State Commerce Commission. — This com- 
mission consists of five members who are appointed by the 
president and confirmed by the senate. It has charge of 
the inter- state commerce of the country, for the correction 
of abuses in the transportation of goods from one state to 
another. It has the power to call for reports from the rail- 
road companies of the country as to their business in gen- 
eral, and specially with reference to the charges made for 
carrying goods different distances. The work of this com- 
mission is growing in importance and value to the people of 
the country, and many abuses in domestic commerce have 
been corrected by it. The commission was organized 
in 1887. 

Civil Service. — Many offices of the government have 
been, and still are, considered as political. By this plan, a 
change of the party in power means a change in the officials 
in these places, for political reasons only. There are, in 
all the different branches of the public service, about two 
hundred thousand persons employed. Of these, about forty 
thousand are in the military, naval, and marine service, 
and the others are all in what is commonly called the civil 
service. 

Civil Service Commission.— The civil service com- 
mission was provided < ' to regulate and improve the civil 
service of the United States. " There are three commission- 
ers, a chief examiner, and several subordinate officers. The 
places in the public service which are filled by appointment 
by this commission number about forty-five thousand. 
Application for these positions may be made by any one 
who comes under the rules, and the decision of the commis- 
sion in making appointments is based on competitive exam- 
inations. The design of the commission is to assist the 



IOWA AND THE NATION. 301 

president in procuring competent assistants to aid in exe- 
cuting the laws of congress. 

Term of Cabinet Officers. — The members of the 

cabinet are appointed for the remainder of the presidential 
term, but in case of the death of the president, it is custom- 
ary for the cabinet to place their resignations in the hands 
of his successor, at once. The salary of each cabinet officer 
is eight thousand dollars a year. 

Clause 2. — Consent of Senate. 

He shall have power, by and with the advice and consent 
of the senate, to make treaties, provided that two-thirds of the 
senators present concur, and he shall nominate, and hy and 
with the advice and consent of the senate, shall appoint ambas- 
sadors, other public ministers and consuls, judges of the 
supreme court, and all other officers of the United States, 
whose appointments are not otherwise herein provided for, and 
which shrdl be established by law; but congress may by law 
vest the appointment of such inferior officers as they may 
think proper, in the president alone, in the courts of law, or 
in the heads of departments. 

Treaties. — The power of a nation to make treaties is 
often called a sovereign power. It was feared that a rash 
president, acting under impulse, might be led to exercise 
the treaty-making power, if vested in him, in an improper, 
or unsatisfactory, manner. On this account, the concur- 
rence of the senate, by a two-thirds vote of the members 
present, is necessary to ratify a treaty of any kind between 
the United States and a foreign power. 

Appointments. — The appointment of all the import- 
ant officers of the government, except such as are regularly 
elected in a manner prescribed by the constitution and laws 



302 IOWA AND THE NATION. 

of the country, is made by the president and confirmed by 
the senate. Such nominations are made b} T the president in 
writing, and the senate may confirm or reject the nomina- 
tion, as it chooses. 

Clause 3. — Vacancies— How Filled. 

The president sJmll have power to Jill up <dl vacancies that 
may happen during the recess of the senate, by granting com- 
missions which shall expire at the end of their next session. 

Purpose. — This clause was considered necessary in 
order that official positions in which vacancies occur may 
be filled by the chief executive during the time the senate is 
not in session. The appointment runs to the close of the 
next session of the senate, in order not to compel that body 
to change its plan of business, or to oblige it to reach a 
decision in the appointment of officers at any specified time. 



IOWA AND THE NATION. 303 



CHAPTER XXI. 

SECTION III. — Duties of the President. 

He shall from time to time give to congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he 
may, on extraordinary occasions, convene both houses or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time 
as he shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the lavs be 
faithfully executed, and shall commission cdl officers of the 
United States. 

President's Message. — This report of the condition 
of the Union is called the "President's Message." At first, 
it was customary for the president to appear before congress 
on the first day of the session, and deliver an address on the 
condition of the government, at the same time making such 
recommendations as seemed necessary. 

Special Session. — Congress has been called in spe- 
cial session only ten times in our history, but the senate is 
often required to remain in session to confirm appointments, 
after the adjournment of the house of representatives. 
This often happens in the odd-numbered years, and espec- 
ially those in which there is a change of president. The 
term of office of representatives expires on the day the 
president is inaugurated, and there may be no necessity for 
re-organizing the house at that time. The senate, by re- 



304 IOWA AND THE NATION. 

maining in session a month or so at the beginning of the 
presidential term, can ratify the appointment of such offi- 
cers as the president considers it necessary to name at that 
time. 

Ambassadors, Etc. — The appointment of ambassa- 
dors, ministers, consuls, and other representatives of our 
government to foreign countries is an important duty, and it 
is of scarcely less importance that the official representatives 
of other nations should be properly received by the presi- 
dent. 

Highest Duty. — But the highest duty of the presi- 
dent is to see that the laws of the United States are prop- 
erly enforced. The president cannot do this work alone, 
but, by the power vested in him, he commissions others to 
do the work. His work, officially, is to sign public docu- 
ments, commissions, and other papers relating to the 
enforcement of the laws. 

Commissions. — He signs the commissions of all offi- 
cers of the United States. These commissions are counter- 
signed by the secretary of state, and sealed with the great 
seal of the United States. The following is an exact copy 
of the commission of the postmaster of Osage, Iowa, and a 
change in the name of the office, the officer, and the loca- 
tion is all that is necessary to make the commission appli- 
cable tG any office filled by presidential appointment : 

Postmaster's Commission. — 

GROVER CLEVELAND, 

President of the United States of America. 
To all to whom these Presents shall come, Greeting: 

Know Ye, That reposing special trust and confidence 
in the Intelligence, Diligence and Discretion of Augustus C. 



IOWA AND THE NATION. 305 

Tapper, the President of the United States nominated, and 
by and with the advice and consent of the Senate, I do 
hereby appoint him Postmaster at Osage, in the county of 
Mitchell, State of Iowa, and do authorize and empower him 
to execute and fulfill the duties of that office according to 
the laws of the United States, and the regulations of the 
Post Office Department. 

And to have and to hold the said office, with all the 
rights and emoluments thereunto legally appertaining unto 
him, the said Augustus C. Tupper, for and during the term 
of four years, from the fifteenth day of May, 1894, subject 
to the conditions prescribed by law. 

In , Testimony Whereof, I have caused these letters 
to be made patent, and the seal of the Post Office Depart- 
ment of the United States to be hereunto affixed. 

Given under my hand, at the city of Washington, 
this fourth day of June, in the year of our Lord, one thou- 
sand eight hundred and ninety-four, and of the Independ- 
ence of the United States of America, the one hundred and 
eighteenth. 

By the President: Grover Cleveland. 

[seal.] W. S. Bissell, Postmaster- General. 

SECTION IV.— Removal from Office. 

The president, vice-president, and all civil officers of the 
United States, shall he removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes 
and misdemeanors. 

The Blount Case. — The subject of impeachment is 
quite fully discussed in another part of this book. In 1798, 
Senator Blount, of Tennessee, w T as formally accused of hav- 
ing committed high crimes and misdemeanors The accu- 

20 



306 IOWA AND THE NATION. 

sat ion was made by the house of representatives in the form 
of articles of impeachment. 

Decision. — The matter was at once referred to the 
senate for trial, and that body promptly decided that mem- 
bers of congress are not civil officers of the United States, 
in the sense in which that term is used in the constitution. 
The senate then expelled the offending member, as it had 
the power to do. 

Treason. — Bribery. — Treason is defined by the con- 
stitution in language clear and definite. Bribery is one of 
the most difficult crimes to punish because of the difficulty 
of detection. The person who gives, or even offers a bribe 
is guilty of a crime, but the constitutional provision given 
above applies only to civil officers. The punishment for 
bribery is fixed by law, and the penalties are very severe. 

State Laws. — Nearly all the states provide by law 
that any person found guilty of offering to purchase the 
influence of any officer or other public agent by an offer of 
money, or other article of value, is guilty of felony, and, in 
addition to other punishment, he is forever disqualified 
from exercising the right of suffrage, and from holding any 
position of honor, trust, or profit, under the constitution 
or laws of the state. 

New York Law. — The following section, relating to 
this subject, is taken from the new constitution of New 
York: 

< 'Any person holding office under the laws of this state, 
who, except in payment of his legal salary, fees, or per- 
quisites, shall receive or consent to receive, directly or 
indirectly, anything of value or personal advantage, or the 
promise thereof, for performing or omitting to perform any 
official act, or with the express or implied understanding 



IOWA AND THE NATION. 30/ 



that his official action or omission to act is to be in any 
degree influenced thereby, shall be deemed guilty of felony. 
This section shall not affect the validity of any existing 
statute in relation to the offense of bribery." 



JOS IOWA AND THE NATION. 



CHAPTER XXII. 

ARTICLE III.— Judicial Branch. 

Organization. — The organization of a judicial branch 
of the government was an absolute necessity. Under the 
articles of confederation, there was no tribunal to interpret 
the laws of congress, or to decide cases of law and equity 
between the states or the inhabitants thereof. 

Independent. — An effort was made to make this 
branch of the government as nearly independent of the other 
two branches as possible. To prevent the judges of the 
principal courts from feeling any dependence upon any other 
authority, these officers are appointed for a longer term 
than those of either of the other branches. 

SECTION I.— Organization. 

The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress 
may from time to time ordain and establish. The judges, both 
of the supreme and inferior courts, shall hold their offices dur- 
ing good behavior, and shall at stated times receive for their 
services a compensation which shall not be diminished during 
their continuance in office. 

Supreme Court. — The supreme court of the United 
States is the highest judicial authority of the nation. At 
first, there were six judges of the supreme court, and this 
number was at one time increased to ten. As the court is 
often divided in opinion upon subjects referr ed to it for set 



IOWA AND THE NATION. 309 

tlement, it was found advisable to have an odd number of 
judges compose the court. The number was then reduced to 
nine, which it now is, and any six members constitute a 
quorum. The decision of a majority of the court is the 
decision of the court. If any member objects to a decision 
that has been made by the court, he is privileged to render a 
minority opinion, differing from the action of the majority. 
One term of the supreme court is held at Washington each 
year, beginning on the first Monday in December. 

Chief Justice. — One of the members of the supreme 
court is known as the chief justice, and the other eight, as 
associate justices. If a vacancy occurs in the office of chief 
justice, the position is filled by appointment in the usual 
way, and thus it sometimes happens that a person who has 
had no experience as judge of any court may be appointed 
chief justice of the United States supreme court. 

Tenure Of Office. — Judges of the supreme court and 
several of the inferior courts are appointed to serve during 
good behavior. This provision is certainly a wise one, as 
it insures impartial decisions. If judges were appointed 
for a short time of service, they might be influenced by an 
undue desire for re-election, and their decisions might be 
modified, more or less, on that account. 

Retirement. — Judges, whose tenure of office is good 
behavior, may retire from active service on arriving at the 
age of seventy, provided they have had at least ten years' 
service in the position to be resigned. They receive full 
salary for the remainder of their lives, as a kind of pension. 

Inferior Courts. — Congress has provided for such 
inferior courts as have been found necessary. The circuit 
courts are inferior only to the supreme court. The United 
States is separated into nine judicial circuits, and a justice 



310 IOWA AXD THE NATION. 

of the supreme court is assigned to each of these circuits as 
circuit judge ex officio. It is the duty of the justice of the 
supreme court to hold one session of circuit court at every 
place in his circuit where such court is held, at least once 
in two years. 

Circuit Courts. — Two circuit judges are also ap- 
pointed for each of the circuits of the United States. Their 
time is occupied with the duties of their office, except as ex- 
plained hereafter. The tenure of office of circuit judges is 
practically for life, as the only limitation fixed by the con- 
stitution for judges in general is "during good behavior. " 
An additional circuit judge is appointed for the second cir- 
cuit, on account of the vast amount of business to be tran- 
sacted by this court in the city of New York. 

Judicial Circuits. — The circuits of the United States 
are as follows: — 

1. Maine, New Hampshire, Massachusetts, and 
Rhode Island. 

2. Vermont, Connecticut, and New York. 

3. New Jersey, Pennsylvania, and Delaware. 

4. Maryland, West Virginia, Virginia, North Caro- 
lina, and South Carolina. 

5. Georgia, Florida, Alabama, Mississippi, Louisiana, 
and Texas. 

6. Ohio, Michigan, Kentucky, and Tennessee. 

7. Indiana, Illinois, and Wisconsin. 

8. Minnesota, Iowa, Missouri, Arkansas, Nebraska, 
Kansas, Colorado, North Dakota, South Dakota, Wyoming, 
and the territories of New Mexico, Oklahoma, and Utah. 

9. California, Oregon, Nevada, Montana, Washing- 
ton, Idaho, and the territories of Alaska and Arizona. 



IOWA AXD THE NATION. 311 

Circuit Court of Appeals. — In 1891, congress 

authorized a circuit court of appeals for each judicial cir- 
cuit of the United States. The judge of the supreme court, 
the circuit and district judges of atiy circuit are made 
tne judges of this court. When the court has been 
organized with a full bench, there are present, the judge of 
the supreme court assigned to that circuit, either circuit 
judge of the circuit, and any of the district judges within 
the circuit. Any two such judges constitute a quorum, 
and they may transact regularly all the business of the court. 

Presiding" Officer. — The judge of the supreme court, 
if present, serves as the presiding officer of the circuit court 
of appeals, but in his absence, the court is presided over 
by the circuit judge present who has had the longest term 
of service. 

Sessions. — One term of this court is held annually, 
and the place of meeting in each circuit is designated by 
law as follows : — 

First Circuit, Boston; 

Second Circuit, New York; 

Third Circuit, Philadelphia; 

Fourth Circuit, Richmond; 

Fifth Circuit, New Orleans ; 

Sixth Circuit, Cincinnati; 

Seventh Circuit, Chicago; 

Eighth Circuit, St. Louis; 

Ninth Circuit, San Francisco. 

Purpose. — This court was designed as a means of 
relieving the supreme court of the United States, and also 
the existing circuit courts. Both of these courts had been 
crowded with business, which was delayed year after year, 
and some relief became absolutely necessary. 



312 IOWA AND THE NATION. 

Appeals, — The most important provision of the law 
relating to the jurisdiction of the circuit court of appeals is, 
that no appeal shall hereafter be taken from the district 
courts to the existing circuit courts. Such appeals may be 
taken to the supreme court or to the circuit court of appeals. 
Appeals in certain cases may be made from the regular 
circuit court to the circuit court of appeals, but the judge 
before whom any cause was tried in the lower court is pro- 
hibited from serving as a judge of the composite court. 

District Court. — Each judicial circuit is separated 
into several districts, and there is a district judge appointed 
for each district. There are now sixty-seven judicial dis- 
tricts in the United States. Judges of this court are ap- 
pointed to serve during good behavior. Their appointment 
is made in the same manner as the other United States 
judges, and they are given the same privilege of retiring 
from active service at a specified time. 

Court of Private Land Claims.— This court was 

established in 1891, for the purpose of settling disputes 
about titles to land obtained from Mexico by purchase or 
annexation. Many disputes concerning lands thus acquired 
had arisen in New Mexico, Arizona, Utah, Nevada, Colo- 
rado, and Wyoming, and the court was empowered to settle 
these claims, if possible. 

General Provisions. — The court consists of a chief 

justice and four associates, who were appointed by the 
president, by and with the advice and consent of the senate. 
Their term of office expires by limitation December 31, 
1895, but it seems likely that the work assigned the court 
can not be completed by that time, and the court may be 
continued. 



IOWA AND THE NATION. 313 

Court Of Claims. — This court was established in 
1855, and it has an important work to perform. It has 
jurisdiction over certain claims against the United States 
which involve disputed points of law, < < where the amount 
claimed exceeds three thousand dollars, or where the decision 
will affect a class of cases or furnish a precedent for the 
action of any executive department in the adjustment of a 
class of cases, or where any authority, right, privilege, or 
exemption is claimed or denied under the constitution." 

Duties. — The chief of any department may refer to 
this court any claim that it may have pending, and it then 
becomes the duty of the court to look up the law involved 
and give its opinion as to the validity of the claim. The 
departments are thus relieved of much business that can be 
done in a more careful manner by the court of claims. 
Congress also refers certain claims to this court for 
investigation. 

Settlement of Claims. — If a claim brought against 
the United States is examined by the court of claims and 
allowed, the amount is paid out of the treasury of the 
United States without a special appropriation by congress. 
Claims referred to this court by any department or by con- 
gress are not allowed by the court, but its recommendations 
in such cases are generally followed. 

Membership. — The court consists of five members, 
and the concurrence of three members is necessary to decide 
a case. The regular annual sessions are held at Washing- 
ton, beginning on the first Monday in December. Claims to 
be settled by this court must be commenced within six } r ears 
from the time they originated. 

Supreme Court of District of Columbia. — The 

supreme court of the District of Columbia is an important 



314 IOWA AND THE NATION. 

court. It has charge of such cases as are tried in the circuit 
and district courts of the United States, but its jurisdiction 
is limited to the district. It consists of a chief justice and 
five associates. There is also a court of appeals of the 
District of Columbia, consisting of three members, one of 
whom is known as the chief justice. The term of office of 
these judges is during good behavior. 

Territorial Courts. — Each regularly organized terri- 
tory has a system of courts, authorized by congress. The 
territory is separated into three districts, and a district judge 
is appointed for each. Four times a year the district judges 
assemble at the territorial capital and organize as the 
supreme court of the territory. Cases appealed from the 
district courts are examined by the supreme court, and the 
decision of two members is the decision of the court. The 
term of these officers is four years, but the office expires by 
limitation on the admission of the territory into the Union 
as a state. The territory of Alaska has only one judge. 

Consular Courts. — Consuls to foreign ports are 
authorized to hold court for the investigation of cases 
arising in their respective districts in which citizens of the 
United States are involved. It is the duty of these courts 
to see that justice is done to our citizens in case of crimes 
committed, or when for any reasons their rights are denied 
them while traveling abroad. 

Attorney-General. — The attorney-general appears 
before the supreme court as a lawyer to defend the inter- 
ests of the government. A district attorney is appointed 
for each judicial district to represent the government in 
cases arising in the circuit and district courts of the United 
States. 



IOWA AND THE NATION. 315 

Other Officers. — Each district also has a United 
States marshal, whose duties correspond, in general, to 
those of county sheriff. The district attorneys and mar- 
shals are appointed for an indefinite time, although the 
term is nominally four years, and a change of the political 
party in power generally brings about a change of all these 
officers. Each court also has a clerk who is appointed by 
the judge of that court. Each principal names such assist- 
ants as are necessary to aid him in the discharge of his 
duties, and he is responsible for the work done by them. 

Salaries, — The salaries of all officers of the judicial 
branch of our government are fixed by act of congress, and 
are payable monthly. The salary of the chief justice of the 
supreme court is ten thousand five hundred dollars a year, 
and that >of the associate justices, ten thousand dollars. 
The justice of the supreme court who serves as circuit judge 
in the ninth circuit is allowed a thousand dollars a year as 
additional compensation for traveling expenses. 

Same. — Circuit judges and judges of the circuit court 
of appeals are paid six thousand dollars a year. Until re- 
cently, district judges were paid from thirty-five hundred 
to five thousand dollars a year, but the salary is now uni- 
formly five thousand dollars a year for those officers. 
Members of the court of claims receive forty-five hundred 
dollars a year, and judges of the supreme court of the Dis- 
trict of Columbia, four thousand dollars, with the exception 
of the chief justice, who receives five hundred dollars 
additional. 

Same. — Judges of the court of private land claims 
receive five thousand dollars a year and their necessary per- 
sonal and traveling expenses. Territorial judges receive 
twenty-six hundred dollars as their regular salary, but the 



316 IOWA AND THE NATION. 

judge of the territory of Alaska is paid three thousand 
dollars a year. Consuls are in a majority of cases paid by 
fees." 



IOWA AND THE NATION. 317 



CHAPTER XXIII. 

SECTION II. — Jurisdiction of Courts. 
Clause 1. — Extent. 

The judicial power shall extend to all cases, in law and 
equity, arising under this constitution, the laics of the United 
States, and treaties made or tohich shall be made, under their 
authority; to all cases affecting ambassadors, other public 
ministers, and consuls; to all cases of admiralty jurisdiction; 
to controversies to which the United States shall be a party; 
to controversies between two or more states; between a state and 
citizens of another state; between citizens of different states; 
between citizens of the same state claiming lands under grants 
of different states, and between a state or the citizens thereof, 
and foreign states, citizens, or subjects. 

Jurisdiction. — This clause was intended to define in 
general terms the jurisdiction of the courts of the United 
States, but, as will be seen, there is no division of authority 
made by the constitution. The supreme court determines 
the constitutionality of laws passed by congress, when an 
appeal has been made to it, in a proper manner, from a 
lower court. 

Law. — Equity. — Cases of law are generally under the 
original jurisdiction of the inferior courts, subject to appeal 
to the supreme court, as provided in the clause relating to 
that court. Equity cases are those which are not covered 
by express terms of any law, but are such as, in justice, de- 
mand settlement by the courts of the land. 



318 IOWA AND THE NATION. 

Kinds Of Jurisdiction. — Jurisdiction is original, 
appellate, concurrent, or exclusive. When a suit must be 
commenced in a certain court, that court is said to have 
original jurisdiction over the matter. If a case that has 
been decided by one court may be appealed to a higher 
court, the latter is said to have appellate jurisdiction. If a 
suit may be commenced in either of two courts, at the op- 
tion of the plaintiff, the courts have concurrent jurisdiction. 
And when a case may be settled by the court in which it is 
first examined, and from whose decision there is no appeal, 
the jurisdiction is exclusive. 

Clause 2. — Jurisdiction of the Supreme Court. 

In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a state shall be a party, the 
supreme court shall have original jurisdiction. In all the 
other cases before mentioned, the supreme court shall have 
appellate jurisdiction, both as to law and fact, with such excep- 
tions and under such regulations as the congress shall 
make. 

Supreme Court. — In the class of cases mentioned 
in the first sentence, the supreme court alone has jurisdic- 
tion. The decision of this court is final. Certain cases 
may be settled by the inferior courts, and from their decis- 
ion there is no appeal, but, as a rule, a party aggrieved by 
the decision of a lower court may appeal to the supreme 
court . 

Circuit Court. — In general, the circuit courts of the 
United States have original jurisdiction over civil cases in 
which the amount of money or the value of property in- 
volved is not less than two thousand dollars. It is also a 
court of equity, and a court for the trial of cases arising 
under the patent and copyright laws of the United States. 



IOWA AND THE NATION. 319 

District Court. — The district courts of the United 
States are entrusted with the punishment of crimes commit- 
ted in violation of United States law. They have general 
jurisdiction over admiralty cases, crimes committed on the 
high seas, counterfeiting, violations of the revenue laws, 
and bankruptcy. 

Eleventh Amendment. — The eleventh amendment 
to the constitution places a construction upon the judicial 
power of the government which should be considered in 
connection with the study of this subject. (See Amend- 
ment.) 



SECTION III.— Treason 
Clause 1. 

Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

Meaning. — This definition of treason is a clear one, 
requiring little explanation. It is understood by the term 
" overt act," that some definite act of treason must be done 
to bring a person under penalty for treason. The mere 
conspiring against the government or entering into a plot to 
subvert its authority is not treason. 

Punishment. — There must be two witnesses who tes- 
tify to the same overt, or public, act of treason, or the 
offender must confess his crime in open court, in order that 
there may be conviction for any act of treason. 



320 IOWA AND THE NATION. 

Clause 2. — Punishment. 

The congress shall have power to declare the punishment 
of treason, hut no attainder of treason shall work corruption 
of blood or forfeiture except during the life of the person 
attainted. 

Purpose. — This prohibition upon congress to pass a 
bill of attainder of treason seems a strange one to us in 
these days of personal liberty, but not many generations 
before the adoption of the constitution, parliament passed 
very severe laws for the punishment of treason among 
British subjects. The person deemed guilty of treason was 
often seized and put to death with great cruelty, his prop- 
erty was confiscated by the crown, and his legal heirs were 
declared to be disqualified from inheriting or transmitting 
property. This clause shows the growth of liberal senti- 
ment in matters of government. 

Ola use S. — Crimes. 

The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the state where 
said crimes shall have been committed; but when not committed 
within any state, the trial shall be at such place or places as 
congress may by law have directed. 

Jury Trial. — The right to a trial by jury in criminal 
cases is guaranteed to all persons accused within the United 
States. This rule applies in all such cases, whether in vio- 
lation of state or national law. In colonial times, persons 
accused of crimes were taken to England to be tried. This 
was considered very unjust, and this practice was one of 
the causes of the Revolution. Impeachment is excepted, 
because the constitution provides the method by which such 
cases are to be disposed of. 



IOWA AND THE NATION. 321 

Punishments. — Congress has provided by law for the 
punishment of offenses committed in the territories, and in 
other places subject to the authority of the general govern- 
ment, but not under state control. The states are given 
control of their boundary rivers to the middle of the main 
channel for the purpose of preventing them from becoming 
a highway of escape for criminals. 



21 



322 IOWA AND THE NATION. 



CHAPTER XXIV. 

ARTICLE IV. — The Relations of the States. 

SECTION I.— State Records. 

Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other 
state. And the congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

Wise Provision. — This provision served to place the 
states on a friendly footing. In no other way could the 
founders of the constitution hope to establish justice among 
the states. So valuable has this clause proved, that the 
decision of a suit at law in one state is very often made the 
basis of settlement of a similar case in another state. 

Illustration. — Each state may have its own statutes 
relating to records of different kinds. For example, South 
Dakota requires two witnesses to the signature of persons 
deeding real estate, in addition to the proper acknowledg- 
ment of the signatures before some officer authorized to 
take such acknowledgment. In Iowa, no witnesses are 
required. A resident of South Dakota, wishing to deed land 
he may own in Iowa, must comply with the Iowa law, and a 
person in Iowa, to properly deed land in South Dakota, 
must comply with the law of the latter state. 

Certified Records. — Certified copies of records and 
judicial proceedings may be sent from one state to another, 



IOWA AND THE NATION. 323 

to be used in evidence, and, if properly certified, they have 
the same force and effect as though they had occurred in 
the state in which they are to be used by transcript. 

SECTION II. — Relations of Citizens. 

Clause 1. — Citizens. 

The citizens of each state shall he entitled to all privileges 
and immunities of citizens in the several states. 

Privileges* — This clause was the outgrowth of the 
bitter experience of some of the states in their dealings 
with their neighbors. Petty jealousies caused some of the 
states to deny to the surrounding states certain privileges 
that were granted to the citizens of more remote states. 
The wisdom of this clause is apparent. 

Clause 2. — Fugitives from Justice. 

A person charged in any state with treason, felony , or 
other crime, who shall fee from justice, and be found in another 
state, shall, on demand of the executive authority of the state 
from which he fled, be delivered up, to be removed to the state 
having jurisdiction of the crime. 

Requisitions. — The demand of the executive 
authority of a state for the surrender of an escaped criminal 
is called a requisition, and the official papers are known as 
requisition papers. Criminals fleeing from justice often 
cross the boundary line of a state for the purpose of gain- 
ing time, as a warrant issued in one state can not legally be 
served in another. The governor of a state seldom refuses 
to grant the request made in a requisition, although that 
sometimes happens. If it were not for this provision, 
crime would be muqh more frequent than it now is, 



324 IOWA AND THE NATION. 

Extradition. — The plan of giving up criminals, when 
application has been made in the proper manner, is often 
resorted to by nations. The laws relating to this subject 
are called extradition laws. The United States has made 
extradition treaties with man}' of the leading nations of the 
earth. 

Clause S. — Fugitives from Service. 

No person held to service or labor in one state, under the 
laics thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on a claim of the party to whom 
such service or labor may be due. 

Clause Obsolete. — This clause is obsolete, owing to 
the abolition of slavery. Its necessity in former years 
seemed absolute to the slave-holder, but the "underground 
railroad" tells the history of many violations of the provis- 
ions of the clause. 

SECTION III. — Xew States and Territories. 
Clause 1. — The Admission of New States. 

New states may be admitted by the congress into this 
Union; but no new state shall be formed or erected within the 
jurisdiction of any other state; nor shall any state be formed 
by the junction of two or more states or parts of states, without 
the consent of the legislatures of the states concerned, as well as 
of the congress. 

Canada.-New States. — The articles of confederation 
provided that Canada might be admitted into the Union, 
but no action was taken by that province. The thirteen 
original states included a narrow strip of land along the 
Atlantic sea-board, but so many additions in territory have 



IOWA AND THE NATION. 325 

been made that there is now in the United States more than 
four times its original area. 

Territory Acquired. — The following territory has 
been acquired by the general government: — 

1787. The North-west Territory — Cession. 

1803. The Louisiana Purchase, from France, by pur- 
chase, for fifteen million dollars. 

1819. Florida, from Spain, by purchase, for five mil- 
lion dollars. 

1845. Texas, by annexation. To settle the boundary 
between Mexico and the United States, the latter paid the 
sum of eighteen million three hundred fifty thousand dollars. 

1854. The " Gadsden Purchase," from Mexico, by 
purchase, for ten million dollars. 

1867. Alaska, from Russia, by purchase, for seven 
million two hundred thousand dollars. 

States Formed. — From this territory, thirty-one new 
states have been formed, and there is still a large tract left 
under territorial government. Congress has passed an en- 
abling act for the admission of Utah, and there is little 
doubt but that that territory will soon become a state. 

Action in Congress. — There are no special require- 
ments that a territory must possess before it can seek ad- 
mission into the union of states. The territorial delegate 
generally urges the matter upon the attention of congress, 
and if it is considered advisable to organize the territory into 
a state, a law, called an enabling act, is passed by congress, 
This law gives the people of the territory the right to hold 
a convention for the purpose of framing a state constitu- 
tion. 

Constitutional Convention. — This constitution is 
submitted to the people of the territory to be voted upon, 



326 IOWA AND THE NATION. 

and if a majority of the votes cast are in favor of it, the 
constitution is adopted. Copies of the constitution are 
sent to the president and to each house of congress, and, if 
its provisions are satisfactory, the state is then formally de- 
clared to be admitted into the Union. A law to this effect 
must be passed by congress and approved by the president. 

Exceptions. — There was no enabling act passed by 
congress for the admission of Michigan, Kansas, and Ore- 
gon. Vermont, Kentucky, Maine, Texas, California, and 
West Virginia were never territories. California and Texas 
were admitted by annexation, and the other four named 
were erected from the territory of the states to which they 
had belonged. 

West Virginia.— When Virginia decided to secede 
from the Union at the breaking out of the Rebellion, forty- 
eight counties in the western part of the state determined 
to remain loyal to the general government. This they did, 
and, in 1863, they were admitted as a separate state, and 
called West Virginia. This was done in violation of the 
constitution, but it was considered necessary as a war meas- 
ure. No new state has ever been formed by the junction 
of other states. 

Clause 2. — Territories. 

TJie congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular state. 

Territorial Government.— By the authority given 
by this clause, congress has passed laws for the government 
of the territories of the United States, and for the District 
of Columbia. Each organized territory has a governor, who 



IOWA AND THE NATION. 327 

is appointed by the president and confirmed by the senate, 
a legislature, composed of members chosen by the people of 
the territory, and a system of courts as explained else- 
where. A territory also elects a delegate to congress, 
whose duty it is to look after matters of special importance 
relating to his territory. The territorial delegates sit in the 
house of representatives. They may take part in the dis- 
cussion of topics of interest to the territories of the United 
States, but they are not permitted to vote on any sub- 
ject. They receive the same salary as members of congress. 

SECTION IV.— State Government. 

The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect 
each of them against invasion, and on application of the legis- 
lature, or of the executive (ivhen the legislature cannot be con- 
vened), against domestic violence. 

State Government. — In order that this clause may 
be properly enforced, congress must consent to the admis- 
sion of a new state after the proposed constitution has been 
accepted by the people of the territory seeking admission. 
In case any rights or privileges of a free people are denied 
or abridged, or if the proposed constitution is objectionable 
for any other reason, congress may refuse to admit the ter- 
ritory as a state. The people of Iowa territory made three 
attempts to gain admission before their efforts were crowned 
with success. Congress passed a bill for the admission of 
Colorado in 1866, and another in 1867, but both were 
vetoed by President Johnson. 

Invasion. — Insurrection. — Since the states sur- 
rendered to congress the control of the army and navy of 
the nation, it is right that there should be some guaranty of 



328 IOWA AND THE NATION. 

protection to the states in case of invasion or insurrection. 
During the labor troubles of 1894, the president sent United 
States troops to Chicago to aid in suppressing the strikes. 
It is not often that troops have been needed for the pur- 
pose indicated in this section. 



IOWA AND THE NATION. 329 



CHAPTER XXV. 

ARTICLE V. — Amendments to the Constitution. 

The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this constitu- 
tion, or, on the application of the legislatures of two-thirds of 
the several states, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and 
purposes, as a part of this constitution, when ratified by the 
legislatures of three-fourths of the several states, or by con- 
ventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by the congress; provided, that 
no amendment, which may be made prior to the year one thou- 
sand, eight hundred and eight, shall, in any manner, affect 
the first and fourth clauses in the ninth section of the first 
article; and that no state, without its consent, shall be deprived 
of its equal suffrage in the senate. 

Processes. — The constitution provides two methods 
for its own amendment, but the first method has alone been 
tried. All the amendments that have been adopted were 
proposed by congress and ratified by the state legislatures. 
Nearly a thousand amendments to the constitution have 
been proposed in congress, but only fifteen have been 
adopted. 

Bill of Rights. — That the constitution was not 
entirely satisfactory to the people at the time of its adop- 
tion is shown by the fact that the first ten amendments 
were proposed by congress at its first session. These 



330 IOWA AND THE NATION. 

amendments are often called the "Bill of Rights." They 
were ratified by the states, and declared to be a part of the 
constitution in 1791. Twelve amendments were voted on at 
this time, but only ten of them received the approval of the 
states. 

Other Amendments. — The eleventh amendment was 
proposed in 1796, and adopted in 1798. The twelfth was 
submitted to the people in 1803, and ratified the following 
year. 

The last three amendments relate to the slavery ques- 
tion in the main. Their provisions are sometimes stated in 
this way : ' 'The thirteenth amendment freed the Negro, the 
fourteenth made him a citizen, and the fifteenth gave him 
the right to vote. ' ' The thirteenth amendment was proposed 
and adopted in 1865, the fourteenth in 1868, and the fif- 
teenth, proposed in 1869, was ratified in 1870, The amend- 
ments will now be given and discussed. 

ARTICLE I. 

Freedom Guaranteed. 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise, thereof; or abridg- 
ing the freedom of speech or of the press; or the right of the 
people peaceably to assemble and to petition the government 
for a redress of grievances. 

Religious Freedom, Etc.— The rights guaranteed 
by this article were very dear to the people at the time our 
government was organized. Because these rights had been 
denied them by the British government, they rebelled, and 
their rebellion resulted in revolution and a new form of 
government. Every person may be held responsible for the 
abuse of the right of freedom of speech and of the press. 



IOWA AND THE NATION. 331 

ARTICLE II. 

Right to Bear Arms. 

A well-regulated militia being necessary to the security of 
a free state, the right of the people to keep and bear arms shall 
not be infringed. 

The subject of the militia has been discussed in another 
part of this volume. This amendment must not be con- 
strued to give individuals the right to carry concealed 
weapons. Such a practice is considered a dangerous one, 
and it is made a misdemeanor by most of the states. 

ARTICLE III. 

Quartering Soldiers. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of ivar, but 
in a manner prescribed by lata. 

Civil Powers Supreme. — The "quartering act," 
passed by parliament, aroused the anger of the people of 
Massachusetts in the days preceding the Revolution. It is 
no wonder that the people desired to be secure against 
military interference in either peace or war. As we are not 
a warlike people, it has always been the policy of the gov- 
ernment to make the military subordinate to the civil 
power. 

ARTICLE IV. 

Security against Unwarranted Searches. 

The right of people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches, and seizures, 
shall not be violated; and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particu- 



332 IOWA AND THE NATION. 

larly describing the place to be searched, and the persons or 
things to be seized. 

Purpose. — This article is also the result of the arbi- 
trary rule of the British government over the American 
colonies. For many years preceding the revolution, revenue 
officers were sent to the colonies to collect duties on 
imported goods and to prevent smuggling. These officers 
were provided with general search warrants, which 
empowered them to search wherever they chose for goods 
that they thought had not been brought into the country 
according to law. 

"Writs of Assistance." — To make this law more ob- 
noxious, parliament passed a law authorizing "Writs of 
Assistance." These writs, in the hands of revenue collect- 
ors, authorized them to call to their assistance any persons 
they chose to aid in making their searches and seizures. If 
a colonist refused to render aid, when requested to do so 
by a revenue officer, he was liable to be arrested and sent 
to England for trial. 

Search Warrant. — If a person suspects that prop- 
erty which has been stolen from him is secreted in a certain 
place, he may go before a justice of the peace or other sim- 
ilar officer, and swear out a search warrant. That is, he 
must take oath that he has good reason to believe that the 
missing property is there secreted. The search warrant 
will be placed in the hands of a sheriff or constable, and the 
search made as authorized by the warrant. General search 
warrants are prohibited by this amendment. 

ARTICLE V. 
Life, Liberty, and Property. 
No person shall be held to answer for a capital or other- 
wise infamous crime unless on a presentment or indictment of 



IOWA AND THE NATION. 333 

a grand jury, except in cases arising in the land or naval 
forces, or in the militia, tolieii in actual service in time of 
war, or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb; nor 
shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for 
public use xovthout just compensation. 

Purpose. — This article applies to all the states, as 
well as to cases arising under United States law. Nearly 
all the states have incorporated this amendment in their 
constitutions. Offenses in the army, navy, and militia are 
punished by court martial. 

Persons Accused. — When a person accused of crime 
has been convicted and punished for the offense, he cannot 
be required to submit to another trial or punishment. In 
case of a disagreement of a jury, the person accused will be 
held for a second trial . It is a wise provision that grants to a 
person accused of crime the right to remain silent, if he chooses. 
This is on the principle that every person charged with crime 
is considered innocent until he has been proved guilty. 

Property Condemned. — The right to a fair and im- 
partial trial is also assured to every criminal, and in civil 
cases, property cannot be seized to satisfy debts or judg- 
ments, without due process of law. It sometimes becomes 
necessary to convert private property to the use of the pub- 
lic. Property thus taken is said to be condemned, and this 
can be done only by awarding to the owner just compensa- 
tion for the property seized. 

ARTICLE VI. 
Rights of Persons Accused. 
In all criminal prosecutions, the accusal shall enjoy the 
right to a speedy and public trial by an impartial jury of tin 



334 IOWA AND TPIE NATION. 

state and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accusation; 
to be confronted with the witnesses against him; to have com- 
pulsory process for obtaining witnesses in his favor; and to 
have the assistance of counsel for his defense. 

Fair Trial. — It will be seen that it is the purpose of the 
constitution to give every person accused of crime the ben- 
efit of any reasonable doubt as to his guilt, and also to put 
him to as litttle inconvenience as possible in submitting to a 
trial. Not every person accused of crime is found 
guilty, and it is intended that innocent persons shall not be 
made to suffer for offenses committed by others. 

Judicial Districts. — The districts referred to are 
designated by congress or by the state legislature. Iowa 
is separated into two United States judicial districts — north- 
ern and southern — and violators of the laws of congress 
are tried in the district in which the offense is committed. 
Each county is a district for judicial purposes in most of 
the states for the enforcement of state law. 

Rights of Accused. — A person accused of crime 
must be informed of the nature of the offense, and he must 
also be confronted by the witnesses against him. Witnesses 
summoned in behalf of a person accused of crime are com- 
pelled to attend the trial, and counsel for the accused is 
also provided — at the expense of the state, if necessary. 
No pains will be spared to enable a person to show himself 
to be innocent of the crime with which he is charged, if it 
can be done. 



IOWA AND THE NATION. 335 



CHAPTER XXVI. 

Amendments. — Continued. 

ARTICLE VII. 

Jury Trial in Common-Law Suits. 

In suits at common law, where the amount in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved; and 110 fact tried by a jury shall be otherwise re-ex- 
amined in any court of the United States, than according to 
the rules of common law. 

Civil Suits. — This doubtless is intended to apply to 
civil suits, and to any other cases not specially designated by 
preceding amendments. In the trial of any case, the judge 
or justice interprets the law as he understands it, and the 
jury arrives at the facts in the case, so far as they are 
brought out by the evidence. A new trial may be held 
before the same court for good cause shown. In the hear- 
ing of a case before a higher court on appeal, the facts, as 
shown in the lower court may be examined for the purpose 
of determining whether the court's rulings have been prop- 
erly made, and whether the law in the case has been properly 
applied, or not. 

ARTICLE VIII. 

Excessive Bails, Fines, and Punishments Forbidden. 

Excessive bail shall not be required, nor excessive fines, 
I, nor cruel and unusual punishments inflicted. 



336 IOWA AND THE NATION. 

Punishments. — The language of this article is in 
harmony with the other amendments relating to punish- 
ments. Bail should not be excessive, and fines are intended 
to be commensurate with the nature of the offenses to be 
punished. Our courts are disposed to be lenient in dealing 
with criminals, and yet justice tempered with mercy is to 
be desired in many cases, rather than justice with undue 
severity. 

ARTICLE IX. 
Rights Reserved. 

TJie enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 

Personal Rights. — It is intended that all rights prop- 
erly belonging to a free people shall be enjoyed by the 
inhabitants of the United States. This clause reserves to 
the people all their personal rights, except such as are 
specially surrendered for the common good by express pro- 
visions of the constitution. 

ARTICLE X. 

Limitations of the National Government. 

TJie poioers not delegated to the United States by the con- 
stitution, nor prohibited by it to the states, are reserved to the 
states respectively, or to the people. 

Rights Reserved. — This amendment is so plain that 
its purpose is easily understood. By it we are to under- 
stand that any powers not specially delegated to the general 
government are reserved to the states respectively, or to the 
people. In other words, the powers of our national govern- 
ment are fully denned in the constitution. 



IOWA AND THE NATION. 337 

AETICLE XI. 

Limit to Jurisdiction ojp United States Courts. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced, or 
prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

State Debts. — By this amendment it is provided that 
a state cannot be sued by a citizen of other states, or by 
subjects of any foreign power. It is supposed that a state 
will be willing to pay its honest debts, if able to do so. A 
claim against a state, not specially provided for by law, is 
paid by an appropriation made by the legislature. 

AKTICLE XII. 
Methods op Choosing President and Vice-President. 
This amendment is discussed fully in connection with 
the executive branch of the government. 

ARTICLE XIII. 
Slavery. 

Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly 
convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Congress shall have power to enforce this article by appro- 
priate legislation. 

Slavery Abolished. —This article abolished slavery. 
The emancipation proclamation, issued by President Lincoln 
in 1863, was intended as a war measure, and while its pur- 
pose was to free the slaves in those districts which were then 
in rebellion against the government^ it did not disturb 
slavery as an institution. 
22 



338 IOWA AND THE NATION. 

ARTICLE XIV. 

Reconstruction. 
SECTION I.— Citizenship. 

All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall 
make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States; nor shall any state 
deprive any person of life, liberty, or property, without due 
process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Citizenship. — Until the adoption of the fourteenth 
amendment, citizenship was a subject about which there 
was much dispute. It was claimed by some that citizen- 
ship can only be conferred by the general government, 
while others were equally certain that the whole subject is 
one that each state must settle for itself. The language of 
the amendment is so clear as to leave no doubt as to the 
use of the term citizen. 

Equal Rights. — The second part of this section is 
intended to give to all classes of citizens the equal protec- 
tion of the laws. It was feared that the Negroes would 
suffer much at the hands of their former masters, and that 
laws would be passed to deny to the emancipated slaves 
the rights to which they were entitled under the con- 
stitution. 

SECTION II, — Representation. 

Representatives shall be apportioned among the several 
states according to their respective numbers, counting the ichole 
number of persons in each state, excluding Indians not taxed. 



IOWA AND THE NATION. 339 

But when the right to vote at any election for the choice of 
electors for 'president and vice-president of the United States, 
representatives in congress, the executive and judicial officers of 
a state, or the member's of the legislature thereof, is denied to 
any of the male inhabitants of such state, being twenty-one 
years of age, and citizens of the United /States, or in any way 
abridged, except for participation in rebellion or other crime, 
the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in such 
state. 

Representation. — The effect of this section was to 
include the emancipated slaves in the basis of representa- 
tion. When the constitution was adopted, it provided 
that in addition to the white population and Indians who 
were taxed, three-fifths of all other persons should be counted 
in apportioning representatives. By this plan, five slaves 
were counted as three whites. 

Ratio of Representation. — The latter part of the 
section is intended to prevent the states from placing any 
restriction upon the right of the Negro to vote, if qualified 
according to the constitution of the state in which he resides. 
And in case any such restriction is made, the persons thus 
deprived of the right to vote are not to be co anted in 
determining the representation of that state in congress. 
There is an exception made in case of rebellion on the part 
of the Negro. 

SECTION III. — Effects of Rebellion. 

No person shall be a senator or representative in congress, 
or elector of president or vice-president, orhohi any office, civil 
or military, under the United States, or under any state, who, 



340 IOWA AND THE NATION. 

having previously taken an oatn, as a member of congress, or 
as an officer of the United States, or as a member of any state 
legislature, or as an executive or judicial officer of any state, 
to support the constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But congress may, by 
a two-thirds vote of each house, remove such disability. 

Restrictions. — It must be remembered that the seced- 
ing states had no voice in the adoption of this amendment. 
This section was intended to disqualify those who had held 
any office of trust or profit in state or national government, 
and who had afterwards engaged in rebellion against the 
nation, from taking any part in matters of government with- 
out special action by congress. For two or three years 
after the close of the rebellion, public officers in the south- 
ern states were required to take an "iron-clad" oath, as it 
was called, in which they declared they had never been in 
rebellion against the government. 

Pardon. — President Johnson granted a general am- 
nesty, or pardon, to all participants in the civil war, who 
would take an oath of allegiance to the United States. 
Some of the officers of the confederate government never 
took the required oath, and they were therefore never 
pardoned. 

SECTION IV.— War Debts. 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for the payment 
of pensions and bounties for services in suppressing insurrec- 
tion or rebellion, shall not be questioned, but neither the United 
States, nor any state, shall assume or pay any debt or obligation 
incurred in aid of rebellion against the United States, or any 



IOWA AND THE NATION. 341 

claim for the loss or emancipation of any slave; but all such 
debts, obligations, and claims shall be held illegal and void. 

SECTION V. 

Hie congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

National Debt. — The debt of the United States was 
enormous at the close of the Rebellion, amounting, as it 
did, to almost three billion dollars. In addition to paying 
this debt, the government is pledged to the payment of 
bounties and pensions allowed Union soldiers for their 
efforts in putting down the Rebellion. A few years ago, 
fully one-third of the total revenue of the government was 
used for the payment of pensions. 

Confederate Debt. — By the second part of the 
fourth section, the confederate debt is repudiated. No 
claim against the United States, or any state, is valid, if it 
was created by any one for any purpose to aid in support of 
the Rebellion. Thousands of claims of loyal citizens, resi- 
dent in the South during the war, have been allowed in 
payment for property seized or destroyed by the Union 
armies on their march. 

ARTICLE XV. 

SECTION I.— Suffrage. 

The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any state, on 
account of race, color, or previous condition of servitude. 

SECTION II. 

TJie congress shall have power to enforce this article by 
appropriate legislation. 



342 IOWA AND THE NATION. 

NegTO Suffrage. — As stated elsewhere, the right of 
suffrage is conferred upon certain classes of persons in each 
state, and the qualifications of voters in the different states 
vary greatly. The constitution of the United States defines 
citizenship, in the fourteenth amendment, but it does not 
provide any regulations for suffrage, except as contained in 
the fifteenth amendment; while the Negro is not men- 
tioned in the amendment, the language is so plain as to 
leave no doubt that it is intended to confer the right of 
suffrage upon all Negroes who have the qualifications of 
voters as required in the states in which they reside. 



IOWA AND THE NATION. 341 



CHAPTER XXVII. 

CONSTITUTION. 

ARTICLE VI.— General Provisions. 

Clause 1. — Debts Assumed. 

All debts contracted and engagements entered into before 
the adoption of this constitution, shall be as valid against the 
United States tinder this constitution as under the con- 
federation. 

Debts Assumed. — The credit of the new government 
was at stake, and while it was suggested by some members 
of the constitutional convention that the debts incurred 
during the Revolution need not be assumed by the new 
government, it was agreed that the debts of the confedera- 
tion should be recognized as debts under the constitution. 
It was an heroic deed, and this stands as a glowing tribute 
to the honor and integrity of the founders of our 
government. 

Clause 2. — Supremacy of the Nation. 

This constitution, and the laws of the United, States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United. States, 
shall be the supreme law of the land; and the judges in every 
state shall be bound thereby, anything in the constitution or Jaws 
of any state to the contrary notwithstanding . 

Nation Supreme. — It would seem as though there 
could be no misunderstanding of the language of this 



344 IOWA AND THE NATION. 

clause, and yet the doctrine of "states' rights" was openly 
advocated for many years. That doctrine was, in sub- 
stance, that whenever a conflict arose between the nation 
and any state, the authority of the state was considered 
supreme. 

Laws of Congress. — It sometimes happens that 
congress passes a law which is in opposition to the provis- 
ions of the constitution of some state. While the authority 
of congress is supreme in such cases, it is customary to give 
the state or states affected a reasonable time in which to 
make the necessary changes. 

Clause 3. — Oath of Office. 

The senators and representatives before mentioned, and 
the members of the several state legislatures, and all executive 
and judicial officers, both of the United States and of the several 
states, shall be bound by oath or affirmation, to support this 
constitution; but no religious test shall ever be required as a 
qualification to any office of public trust under the United 
States. 

Oath. — Every civil officer of the United States and of 
the several states is required to take an oath of office. 
Those who are opposed to subscribing to an oath, on account 
of conscientious scruples, are permitted to solemnly affirm 
that they will support the constitution of the United States 
(and of the state, if a state officer), ' i under the pains and 
penalties for perjury. ' ' 

Religious Test Prohibited. — The abolition of a 
religious test as a qualification for office seemed strange to 
many people a century ago. At that time nearly every 
civilized nation on the earth required that its officers should 
all be members of the established church. The religious 



IOWA AND THE NATION. 345 

freedom guaranteed in other parts of the constitution could 
hardly have been made practicable without the addition of 
this clause. 

ARTICLE VII. — Ratification of the Constitution. 

The ratification of the conventions of nine states shall be 
sufficient for the establishment of this constitution between the 
states so ratifying the same. 

Constitution Operative. — The refusal of Maryland 
to ratify the articles of confederation for so many years led 
to the adoption of this article. It was thought proper for 
the new government to begin its work whenever the assent 
of two-thirds of all the states had been given to the con- 
stitution. By the time the government was organized, 
eleven states had agreed to be governed by the new plan, 
and it was not long until the remaining two of the thirteen 
original states were added to the sisterhood of states. 



347 



INDEX. 



Page 
Absence of members of congress, 236 
Accused persons, rights of, 333, 334 
Adjournment of state legislature, 114 
of congress. . . » . 238 

Adjutant-general, . . 133 

Agricultural college, . . .169 
Aliens, 219; rights of, 99; oath of, 251 
Ambassadors, .... 304 
Amending of state constitution, 

157, 158 

Amendment, eleventh, . . 319 
Amendments to the constitution, 

329,330 

Annapolis convention, . . 191 
Appeals from action of school 

boards, 53 

Appointment, notary public, 58 

Apportionment, semi-annual, 18; 
of representatives and direct 

taxes, 220 

Appropriations of money, . 276 
Arbitrary rule of British kings, 187 
Area of state extended, . . 159 
Armies, power to raise, 264; approp- 
riations for, ... 265 
Arrest, freedom from, 115, 116, 239 
Article partly abolished, . 154 
Articles of confederation, adop- 
tion of, 189; provisions of, 190; 
defects in, .... 191 
Assessment of property, 20; uni- 
form, 43 

Assessor, township, . . 20 

Attorney, city, 34; county, . 57 
Attorney-general, 314; of state, 132 
Auditor, city, 34; county, 45; state, 128 
"Australian Ballot," . . 102 



Page 
Bail, 96; excessive, . 97,335,336 
Ballot reform, 102; Belgian, 102; 

sample, 104 

Ballots, 103; marking, 103, 105; old 

plan, ..... 102 

Banking, .... .154 

Bankruptcy laws, ... 254 
Bill of attainder, 98, 274; of rights, 329 
Bills, passage of, 242; subsequent 

action on, .... 243 
Blind, college for the, 171; indust- 
rial home for, ... 172 
Blount case, . . . 305, 306 

Board of directors, 13; of com- 
missioners of insanity, 173; of 
health, 139; of examiners, 140 
Bond of county auditor, 45; coun- 
ty treasurer, 47; of county 
attorney, 58; of state librarian, 135 
Bonds, fixed and approved, . 136 
Borrowing money on credit of the 

government, ... 248 

Boundary of Iowa, ... 61 
Branches of government, state, 

106 ; United States, . . 215 
Bribery, ..... 306, 307 
Bureau of labor statistics, . 141 
Bureaus, .... .297 



Cabinet, origin of, 295; term of 

officers of, .... 301 
Call special session, . . 123 

Capital of state established, 159 

Capital crime, defined, . . 96 
Capitals of Iowa, ... 166 



348 



Page 
Cases, criminal, 94; civil, 335; of 
impeachment, 225; of law and 
equity, . 317 

Census, state, 22, 107; of United 

States 221; objects of, . 222 

Certificates, teachers, . . 52 
Change of venue, .... 25 
Chief Justice, 309; of state, . 146 
Circuit court of appeals, 311, 312 

Cities, classed, 32; under special 

charter, .... 37 

Citizenship, . . . 108, 338 

Citizens, nations responsible for 

the acts of, 263; relations of, 323 
City council, . .32, 35, 36 

Civil engineer, . . . .35 
Civil powers supreme, . . 331 
Civil service, . . . . 300 
Clerk of township, 20; of state 
supreme court, . . .146 

Coinage, 255 

Coins, 255 ; portraits on, 256 ; value 
of, ..... . 256 

Collectors, township, . . 29 

Commander-in-chief of U. S. 
Army, 268; privilege of presi- 
dent as, ... 295 
Commercial restrictions, 248, 275 
Commerce of United States, 249 
Commissioners of pharmacy, 139 

Commissions 304 

Committee on credentials, . Ill 
Committees, state legislature, 119 
Common defense, general gov- 
ernment provides for, . 213 
Compensation of city officers, 35; 
of county recorder, 52; of jur- 
ors, 150; of justices, consta- 
bles, etc., .... 30 
Congress, colonial, 188; the gov- 
ernment, 190; action of, for 
revising articles of confeder- 
ation, 192 

Congress of United States, first, 
228 ; time of meeting, 235; sep- 
arate powers and duties of, 
235 ; absence of members, dis- 
cipline, ... 236 



Page 

Congresses, continental, . . 188 
Congressional districts, residence 

in, 219 

Constables, 27 

Constitution of the state of Iowa, 

91 ; adoption of, 161 

Constitution of United States, 
194; slavery at the time of 
adoption of, 222; ratification 

of, 345 

Convention, joint, of general 
assembly, 120; constitutional, 
of Iowa, 163 ; for revising arti- 
cles of confederation, 192; 
length of session, 193; quota- 
tion from Dr. Franklin, 193; 
Annapolis, . . . . 191 
Copyrights, . . . 261,262 

Corporations, ... 154 

Coroner, county, ... 56 

Correction, lines, . . .Ill 

Cotton gin, .... 272 
Counterfeiting, .... 257 
Counties, 39; new, ... 158 
County names, 39; seat, . . 40 
Court, district, 147; police, 34; of 
appeals, 311; of private land 
claims, 312 ; of claims, . 313 
Court, state supreme, 145; powers 

of, 146; clerk and reporter of, 146 
Courts, state, 145; superior, 151; 
inferior, 309; circuit, 310; terri- 
torial, 314; consular, 314 ; juris- 
diction of, ... 317 
Courts of United States, . 337 
Crimes, trial of, 320; punishment 

of 321 

Custodian of public property, 142 



Dairy Commissioner, . . 142 
Debt, state prohibition of, 152; 

limit of, ... . 153 

Debts, special, 153; war, 340, 341; 

assumed, .... 343 
Declaration of Independence, 



INDEX. 



349 



Page 

Democracy 180 

Dental examiners, ... 138 
Department of justice, 298; of the 

Interior, 299; of Agriculture, 299 
Des Moines, .... 167 
Direct taxes, apportionment of, 
220; how levied, 245; prohi- 
bition of , . . . . 275 
District of Columbia, . . .269 
District court of United States, 

312; jurisdiction of, . . 319 
District court, powers, 148; clerk 

of 47, 48, 49 

Districts, school, ... 14 

Domestic tranquility, . . .213 

Dueling, 93 

Duties of township trustees, 19; 
of constable, 27; of county 
supervisors, 28, 41; of town- 
ship collector, 29; of clerk of 
the district court, 48; of audi- 
tor of state, 128; of executive 
council, 130; of supt. of pub- 
lic instruction, 130; of mine 
inspectors, 131; of board of 
pharmacy, 140; of inspector of 
illuminating oils, 143; of offic- 
ers in cities of the second 

class 36 

Duties, kinds of , . . 246 



Educational board of examiners, 140 
Election of city officers, 33; of. 
county officer, 40; of U. S. 
senators, 121 ; of members of 
congress, .... 234 
Election of president and vice- 
president, plans, 283; choice 
of candidates, 286; summary 
of, 287; by house and senate, 288 
Electoral college, . 288 

Electors, qualification of, . 218 

Electors, presidential, 282; prohi- 
bitions upon, ... 283 
"Enabling act", . . . 325 

Equalization of taxes, 44, 129 



Page 



Equalizing values, township trus- 



21 



Equal rights, .... 338 
Equity, cases of, . . . . 317 
Examinations for state certifi- 
cates, 140 

Exceptions to naturalization 

laws, 253 

Exclusive legislation, . . 269 

Executive council, state, . . 129 
"Executive neglect," . . 243 
Executive authority, 280; coun- 
cil, 280; term, 280, 281 ; branch 
of government, . . .297 
Exemptions from taxation, . 21 

Expenses of public officers, 293 ; 

of the government, . 247, 276 
Export duty prohibited, . 247 

Export duties, .... 275 
Ex-post-f acto law, . . .98, 274 
Extradition laws, . . .324 



Fair trial, 334 

Feeble-minded children, institu- 
tion for 174 

Fees, district court, 49; coroner 

of county, ... 57 

Filibustering, .... 238 

Fines and forfeitures, . . 160 
First continental congress, . 188 

First senate, .... 228 
Fish commissioner, . 143 

Food inspection, ... 279 
Freedom of speech, . 115, 240 

Fugitives from justice, 323; from 

service, 324 

Fund, teachers, 15; contingent, 
15; schoolhouse, 16; perman- 
ent school, 18; institute, 53 
Funds, school, .... 155 



General assembly, sessions of, 

111; vacancies in, . . 109 
General welfare, . 213 



350 



Government, forms of, 183, 184; 

plans of, .... 192 
Governor, approval of, 119; duties 

of, 122, 123; powers of, . 124 

Governor's neglect, . . . 120 

Grand jury 149 

"Grand model," the, . . 185 

Great seal— motto, ... 125 



H 



Habeas corpus, .... 96 

Higher court, trial by, . . 26 

Highest duty of the president, 304 

Historical society, 141 

Horticultural society, . . 141 

Hospitals for the insane, . 173,174 

House officers, .... 223 

House of representatives, 217 

number of members, 221 ; va 

cancies, 223; speaker, 223 

clerk, 224; sergeant-at-arms 

224; doorkeeper, 224; post 

master, 225; election of presi 

dent, 



"Immortal Fifty-six," the, . 189 
Impeachment of state officers, 110 
Impeachment in congress, 225; 
sole power of, 225 ; sole power 
to try, 232; of the president, 
232; nature of cases, 225; pun- 
ishment for, ... 233 
Imprisonment for debt, . 97 
Indictment, . ... 95, 148 
Incorporated towns, » . 36 
Industrial school, Iowa, . . 175 
Ineligibility to a seat in the gene- 
ral assembly, . , 117 
Inquest, coroner's, . . 56 
Insanity, board of commission- 
ers, 173 

Inspection laws, ... 279 

Inspector of illuminating oils, 142 
International money orders, 259 

International postal union, . 258 



Page 
Inter-state commerce commis- 
sion, 300 

Iowa, discovery and settlement 
of, 162; territorial history of, 
163; admission into the union, 
164; Indian claims in, 165; 
growth of, 166; capitals of, 166 
Iowa house of representatives, 

107 ; national guards, . . 152 
Iowa school for the deaf, . 172 

"Iron-clad oath," ... 340 



Jefferson, election of, . . 283 
Journal kept by each house, 237 
Judges, state district, . . 147 
Judicial department, 262; branch 
of government, 308, 309 ; cir- 
cuits, 310; districts, . . 334 
Jurisdiction, kinds of, . 318, 319 
Jurors, 148; number of, 149; selec- 
tion of, 150 

Jury, trial by, 94; grand, 149; 
petit, 149; in common law 

suits, 335 

Justice, preamble, . . . 212 
Justice of the peace, 24, 26, 27, 158 
Joint high commission, . . 288 
Joint resolutions, ... 244 



Labor commission, , . . 299 
Labor troubles, U. S. troops or- 
dered out, .... 328 
Land grants to Iowa, 117; sales of 

Iowa, 166 

Law supreme, .... 160 

Laws, uniform, 94; of state, take 

effect, 119; mode of making, 241 
Law suits, kinds of, 24; civil, 335 
Lease of farm lands, . . 99 
Legal tender, - 256 
Legislative branch of state gov- 
ernment, 106; of U. S. govern- 
ment, 215 

Legislative power, summary, 270 



INDEX. 



351 



Page 
Letters patent, . . 261 

Lieutenant-governor, . . 125 
Limit of indebtedness, . . 159 

Losses to school and university 

fund, 153 

Low-water mark, . . . 263 

M 

Marque and reprisal, letters of, 264 

Mayor, city 33 

Members of general assembly, 

paid when, .... 113 
Members of congress, 238; privi- 
leges of, 238 ; stationery-mile- 
age, 239 ; freedom from arrest, 
239; freedom of speech, . 240 
Message of governor, 123; of 

president, .... 303 

Mileage, allowance for, . . 239 
Military academy, . . . 267 

Militia, listed by assessors, 22; 
organization of state, 152; 
powers of United States to 
call out, 265; organization of, 
268; training of, ... 269 
Military subordinate to civil 

power, 96 

Mine inspectors, ... 131 

Minors, how naturalized, . 254 

Mints 255 

Monarch, powers of, . . 184 

Money, borrowing, 248; collection 

of, 26 

Monroe City, capital of Iowa, 167 

N 

Nation supreme in authority, 

279, 343, 344 

National credit, 248; wrongs, 264 

Naturalization, present law, 250; 
exceptions to the law, 253; 
oath of alien, 251; papers, 
. .... 250, 252 

Navy, 267 

Naval Academy, ... 268 
New states, 324 



Page 

Nobility, titles of, . . . 185 
Nomination of candidates for 

state offices, ... 103 

Normal institute, ... 53 
Normal school, state, 170; board 

of directors of, ... 171 
Notary public, .... 58 



Oath of members of the general 
assembly, 111; of judges of 
state supreme and district 
courts, 136; of office, 159; of 
alien, 251; of the president, 
290, 291 ; of civil officers, . 344 

Offenses in army, navy, and mili- 
tia, 333 

Officers of a city of first class, 32; 
of an incorporated town, 30; 
county, 40; of state house of 
representatives, 111; other 
state officers, ... 127 

Other offices, ruling with refer- 
ence to state senators and rep- 
resentatives, ... 117 

Outline for township government, 
31 ; for town government, 38 ; 
for county government, 60; 
for review of state officers, 144 



Pardon, at close of civil war, 340 

Pardons, .... 124,295 

Patents, 261 

Pay, of road supervisor, 28; of 
township collector, 30; of 
board of supervisors, 44; of 
county superintendent, 54: of 
county surveyor, 56; of mem- 
bers of general assembly, 112 
Penetentiaries, 175; "good time," 177 
"People," the, . . . .218 
Perpetuity of government, . 214 

Petit jury, 149 

Piracy, 263 

Piatt of county surveys, . . 55 



352 



INDEX. 



Page 
Pocket veto, .... 243 
Political powers, vested in 

whom, . ... 92 

Poll tax 42 

Position of United States, . . 265 
Postage, rate of , . . . 258 

Postal system, 258; international 

union, .... 258 

Postmaster-General, . . .298 
Postmaster's commission, . 304 
Postmasters, salaries adjusted, 260 
Post offices, classification of, . 259 

Post roads 260 

Powers of notary public, 59; of 
state house of representatives, 
109; of governor, 124; of rail- 
road commissioners, . . 134 
Preamble, state constitution, 61; 
purpose of, 92; of U. S. Con- 
stitution 212 

President of United States, im- 
peachment of, 232; action of, 
on bills, 242; manner of choos- 
ing, 282; qualifications of , 289, 
290; powers of, 301, 302, 304; 
salary of, 293; message of, 
303; oath of, how adminis- 
tered, 291 

President, pro tern., acts as gov- 
ernor, 125 

Presidential electors, method of 

choosing, .... 287 

Presidential succession, . 291, 292 
Principal meridian, . . 9 

Prize courts, ... .264 
Privilege of state senators and 

representatives, . . 115, 116 
Privileges of voters, ... 101 
Proceedings of coroner's inquests, 57 
Prohibitions upon members of 
general assembly, 118; on U.S. 
senators and representatives, 
240; on congress, . - 235 
Property, valuation of, 20; listing, 
21; condemned, 97, 333; of 
United States, ... 270 
Property qualifications of the 
president 290 



Page 
Provisions of city council, C5; 
general, for state, 160; for 
preventing the creation of 

offices, 240 

Public schools, ... 17 

Publication of proceedings, 237; 
of financial condition of 
country, .... 276 

Punishments for contempt, 116; 

of crimes, .... 321 

Purpose of classification of sen- 
ators, 227 ; of clause relating 
to adjournment of congress, 238 



Qualifications of voters, 100, 108; 
of state representatives, 106; 
state senators, 109; of gover- 
nor, 122 ; of civil officers, . 135 
Quartering soldiers, . . 331 

Queen Victoria's salary, . . 294 
Quorum, state legislature, 114; in 
congress, .... 236 



Railroad commissioners, . . 134 
Ratification of the constitution, 345 
Ratio of representation, . 221, 339 
Readings of bills, ... 120 
Rebellion, effects of, . . 339, 340 
Republic, examples of, . . 186 
Reconstruction, ... 338 

Recorder, county, . .51 

Records, county, ... 51 

Religion, passing of laws pro- 
hibited, .... 93 
Religious freedom, . . 330 
Religious test forbidden, . 93, 344 
Removal from office, . . 305 
Report of the clerk of the district 
court, 48 ; of the county super- 
intendent, 53; to the general 
assembly, 125; of secretary of 
state, Iowa, 127; of the auditor 
of state, 128; of the superin- 
tendent of public instruction, 130 



INDEX. 



853 



Page 
Reports of state officers, . . 136 
Representation, additional, 107; 
in congress, 216, 338, 339; ratio 
of, 221, 339 ; of each state, 221 

Representatives, election of state, 
108; house of, 217; at large, 
222; qualifications of, . 218, 220 
Residence of voters, 100: of aliens, 251 
Restrictions upon states, . 278 

Returns of election, . . 122 

Revenue bills, 241; internal, . 247 
Richard M. Johnson, chosen by 

senate, .... 288 

Right, to assemble, 98; to vote, 
100; to object, 115; of suffrage, 
102; of trial by jury, 94; to 
bear arms, .... 331 
Rights, of aliens, 99; reserved, 99,336 
Roll-call, in congress, . . 238 

Rules of order, .... 115 



s 



Safe money, .... 258 
Salary, of county auditor, 45; of 
county treasurer, 47; of clerk 
of district court, 49; of sher- 
iff, 50; of county attorney, 58; 
of state superintendent, 130; 
of railroad commissioners, 
135; of secretary of state, 
Iowa, 127; of auditor of state, 128 
School board, officers of, , . 14 
School law, . . . . 130 

Seal of United States, 296; of not- 
ary public, .... 58 
Searches, security against, 331,332 
Search warrant, . . . 332 

Seat of IT. S. government, . 269 
Secretary of State, Iowa, . . 127 
Secretary, of State, 296; of the 
Treasury, 297; of war, 297, of 
the Navy, .... 298 
Senate of Iowa, . . . .109 
Senate of United States, 226; first, 
228; other officers of, 231; 
president pro tempore, . 231 



Page 
Senators, of United States, 227; 
present classification of, 229 ; 
of state, .... 110 
Sergeant-at-arms, . . . 224 

Sheriff, 150 

Slavery, in Iowa, 99; and the U. S. 
constitution, 222; in United 
States, 272, 273; abolished, . 337 
Soldiers' Home, ... 177 
Soldiers' Orphans' Home, 172; 

trustees of , . . . 1 73 

Special session, compensation, 
112; provisions of state legis- 
lative houses for, . . 114 
Special session of congress, . 303 
Standing army of the United 

States, 265 

State government, 327; protec- 
tion against invasion, . 327 
State, printer, 133; binder, 134; 
librarian, 135; agricultural 
society, .... 138 

State records, 322; revenue, . 278 
Statement of township collector, 29 
States formed, 325; admission of, 325 
"States' rights," . . .344 
Sub-districts, ... 13 

Suffrage, right of, 341; negro, 342; 

woman, .... 218 

Suit, notice of, 25; for collection 

of money, ... 26 

Summary of the method of choos- 
ing presidential electors, . 287 
Superintendent, of market, 35; of 
county, 52; of public instruc- 
tion, 130; of weights and 
measures, . ... 132 
Supervisors, road, 27, 28; board 

of, 40, 41 

Supreme court, 309; of District of 

Columbia, . . . . 313 
Sureties of civil officers, . . 136 
Survey, in Iowa, 10; county, . 55 
Suspension of sentence, . . 154 



Talesmen box. 



15C 



354 



INDEX. 



Page 
Tariff, origin of the word, 246; 

kinds of 247 

Taxation, exemptions from, . 21 
Tax, receipts, 46; sale, . . 47 

Taxes, certified, 16; levy of, 42; 

when due, 46; how computed, 

129; direct, 245; kinds of, . 246 
Tenure of office, ... 309 
Territories, "enabling act," 325, 

326; government of, . 326,327 
Territory acquired, . . .325 
Testimony in district courts, 151 

Titles, land, 9 ; of nobility, 276, 277 
Township, 7; meeting, . . 13 
Townships, kinds of, 7; and 

ranges, 10; civil, 12; district, 12 
Treason defined, 306; consists in, 

319; punishment of, 320; 

against the state, . . 96 

Treasurer, city, 34 ; county, 46 ; of 

state, 128 ; of United States, 297 

Treatise, 301 

Trial by jury, . . . . 27, 320 
Trustees of township, . . 19 
Twelfth amendment, . . 284, 285 
Twice tried, ... 95, 333 

u 

Uniform assessment, . . 43 
Union of colonies, ... 189 

Union, more perfect, . . 212 
United States courts, 262; limit to 

jurisdiction of, . . . 337 
United States, settlement in, 186; 
conflicting claims in, 187; seat 
of government, ... 269 
United States senators of Iowa, 121 



University, state s 168; 

regents, 
Unwarranted searches, 



Page 
board of 
. . . 169 

331 



Vacancies in general assembly, 
109 ; in congress, . . 223 

Veterinary surgeon, . . 132 

Vice-president, 230; general pro- 
visions for, 231; opposition 
to, 281 ; qualifications of, . 290 

Veto, of governor, 119; of presi- 
dent, 243; pocket, . . 243 

Voting, 105; under confedera- 
tion, 227 ; method in congress, 237 



w 



153 



War, state powers in time of, 
War debt, 340; revolutionary, 245: 

of the rebellion, . 
War measure, .... 
War, powers of nations, 263 

powers of congress in declar 

ing, 

Washington, capital, 

Weights and measures, . 

West Virginia, how formed, 

Witnesses, .... 

Women, right to vote, 

Writ of habeas corpus, 96; when 

it may be suspended, . 273 

"Writs of Assistance," . . 332 



248 
246 



264 
270 
256 
326 
117 
218 



Yeas and nays, 
voting by, 



Y 

116; process of 



^S3s* ffGEft&t 







